Decision due on whether Whitehaven coal mine can be built

A high court judge will reveal his judgement.

Author: Matt MaddrenPublished 13th Sep 2024
Last updated 13th Sep 2024

A decision on whether a new coal mine in West Cumbria can be built will be announced today.

Mr Justice Holgate is expected to hand down his judgment via email at around 10:30 this morning (Friday 13th September).

The site in Whitehaven is set to be the first new coal mine in the UK in 30 years.

The government didn't defend the plans - citing an error in planning law, made by the previous administration.

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 near Whitehaven.

Paul Brown KC, for FoE, said the Government had previously accepted that approximately 15% of the coal would be used domestically.

Mr Brown later said that in the context of the climate crisis and the UK's "vocal international advocacy" over the phase-out of coal in energy systems, "the decision smacked of hypocrisy and undermined the UK's international reputation".

But the company behind the project - West Cumbria Mining - say it'll create jobs and prosperity for the area.

They disagreed with what they called an 'extraordinary u-turn' by ministers to concede the claim, and continued to defend the case on their own in court.

Their solicitor James Strachan KC said the arguments in the legal challenge are "poorly disguised attacks on the planning judgments made by the inspector and the secretary of state".

They've been planning to start construction work early next year.

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