High Court Judge rules West Cumbria plan for coal mine should be quashed
West Cumbria Mining’s attempt to open a new coal mine at Whitehaven, Cumbria was dealt a blow today, as a senior High Court judge ruled that the planning permission granted by Michael Gove, the previous Secretary of State for Levelling Up Housing and Communities, in 2022 should be “quashed”.
Mr Justice Holgate accepted all but one of the “grounds of challenge” submitted by South Lakes Action on Climate Change (SLACC) and Friends of the Earth ruling that Mr Gove’s decision was unlawful in several respects.
Angela Rayner, the new Secretary of State didn’t submit a case to contest the claim that the Cumbria coal mine approval was unlawful as a result of an earlier judgment.
West Cumbria Mining said: “West Cumbria Mining will consider the implications of the High Court judgement and has no comment to make at this time.”
The company has insisted they will deliver a “significant world class scheme” with an investment of more than £200m, all privately funded, during construction.
West Cumbria Mining is owned by Singapore registered Woodhouse Investment Pte Ltd, its ultimate parent company is Cayman Islands registered EMR Capital Resources Fund.
EMR is chaired by mining veteran Owen Hegarty, former managing Director of Rio Tinto Asia and its Australian copper and gold business from 1989 to 1994.
Matthew McFeeley, a Partner at Richard Buxton Solicitors representing South Lakes Action on Climate Change (SLACC) said: “Today’s detailed and well-reasoned ruling clearly shows the logical flaws that infected the grant of permission for the mine and deserves close reading; it exposes the fallacies that led to the conclusion that this mine was ‘carbon neutral’.
“The Finch ruling means that combustion emissions must be assessed in the Environmental Statement, while today’s judgement means any claim those fuels would “substitute” for other fossil fuel sources must be also assessed robustly in the Environmental Statement. Simple assertions will no longer pass muster.”
In addition, the Court found that there is clearly a potential negative impact on the UK’s climate diplomacy, which was ignored.
SLACC claim that Justice Holgate’s ruling “sets out in great clarity” that WCM’s 100% substitution claim was not backed by the evidence at the public inquiry, nor by the findings of the Inspector or Secretary of State.
SLACC Trustee Duncan Pollard said: “West Cumbria Mining has been roundly defeated today, and the phasing out of fossil fuels has taken a small step forward, In the future, developers will have to do a genuine assessment of climate harms from any new fossil fuel extraction and enable proper public consultation.
Our small charity is delighted to have helped achieve this important result.
West Cumbria Mining may try to appeal today’s decision, but if that fails, Angela Rayner, the current Secretary of State for Housing Communities and Local Government, will set out a process for reconsidering the planning proposal.
