Britain's first new coal mine in 30 years BANNED after High Court ruling
A High Court has quashed a planning application for the UK's first coal mine in 30 years following backlash from climate groups
PA
The High Court has quashed a planning application for the UK's first coal mine in 30 years amid backlash from climate groups.
Friends of the Earth (FoE) and South Lakes Action on Climate Change (SLACC) brought legal action over a 2022 Department for Housing, Communities and Local Government decision to grant planning permission for the site at Whitehaven in Cumbria.
The Government had previously accepted that around 15 per cent of the coal would be used domestically.
After a Supreme Court decision in June, which stated that emissions created by burning fossil fuels should be considered when granting planning permission to new extraction sites, the Government withdrew its defence.
A High Court has quashed a planning application for the UK's first coal mine in 30 years following backlash from climate groupsPAHowever the developer of the proposed site, West Cumbria Mining (WCM), opposed the climate groups claim.
At a hearing in July, Lawyers for WCM said there had been "repeated mischaracterisation" of the plans and the development would have a "broadly neutral effect on the global release of greenhouse gas".
Lawyers for FoE hit back and said the decision "smacked of hypocrisy" given the UK’s "vocal international advocacy" over the phase-out of coal in energy systems.
On Friday, Justice Holgate said in a ruling that giving the green light for the development was "legally flawed".
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In his judgment, Holgate said: "The assumption that the proposed mine would not produce a net increase in greenhouse gas emissions, or would be a net zero mine, is legally flawed."
Paul Brown KC, for FoE, said in written submissions that there is "no significant need for the coal" in the UK amid moves by British Steel and Tata to electric arc furnaces.
Holgate said the Government "failed to deal" with the fact that "a positive precedent effect of a net zero mine leading to other similar projects would depend upon further offsetting arrangements; that would be undesirable because offsets are a finite resource".
Following the decision, a spokesperson for West Cumbria Mining said: "West Cumbria Mining will consider the implications of the High Court judgment and has no comment to make at this time."
Friends of the Earth (FoE) and South Lakes Action on Climate Change (SLACC) brought legal action over a 2022 Department for Housing, Communities and Local Government decision to grant planning permission for the site at Whitehaven in Cumbria
PA
Niall Toru, senior lawyer at Friends of the Earth, said: "This is fantastic news and a huge victory for our environment and everyone who has fought against this climate-damaging and completely unnecessary coal mine.
"It is the first fossil fuel case to be decided after the landmark Supreme Court judgment on oil drilling at Horse Hill.
"That the ruling today has gone against the mining company could have ramifications internationally as there are cases abroad where challenges are being made against fossil fuel projects on a very similar basis.
"This mine should never have been given permission in the first place. The case against it is overwhelming: it would have huge climate impacts, its coal isn’t needed and it harms the UK’s international reputation on climate."