West Cumbria Mining’s initiative to establish a new coal mine in Whitehaven, Cumbria, encountered a significant setback. A senior High Court judge ruled that the planning permission granted by the former Secretary of State for Levelling Up, Housing and Communities, Michael Gove, in 2022 should be quashed.
Mr Justice Holgate accepted almost all the grounds of challenge presented by South Lakes Action on Climate Change (SLACC) and Friends of the Earth, determining that Gove’s decision was unlawful in multiple respects. Angela Rayner, the current Secretary of State, did not contest SLACC’s claim that the approval was unlawful due to a previous judgment.
West Cumbria Mining has not yet commented on the judgement but previously asserted its intention to deliver a ‘significant world-class scheme’ with over £200 million in private investment during construction. The company is owned by Singapore-registered Woodhouse Investment Pte Ltd, with its ultimate parent company being EMR Capital Resources Fund, registered in the Cayman Islands and chaired by former Rio Tinto executive, Owen Hegarty.
Matthew McFeeley, a partner at Richard Buxton Solicitors representing SLACC, stated, ‘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 also be assessed robustly in the Environmental Statement. Simple assertions will no longer pass muster.’ SLACC trustee Duncan Pollard remarked that ‘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.’
Additionally, the Court found that there is a potential negative impact on the United Kingdom’s climate diplomacy, which was overlooked. SLACC claimed that Justice Holgate’s ruling ‘sets out in great clarity’ that WCM’s 100% substitution claim was not substantiated by evidence at the public inquiry, nor by the findings of the Inspector or Secretary of State.
West Cumbria Mining may attempt to appeal the decision. If that fails, Angela Rayner, the current Secretary of State for Housing, Communities and Local Government, will outline a process for reconsidering the planning proposal.
The High Court’s decision to quash the planning permission for the West Cumbria coal mine underscores the necessity of robust environmental assessments and highlights potential flaws in the initial approval process. SLACC’s victory is seen as a step forward for climate advocacy and the phasing out of fossil fuels.
