Government says 'error in law' on coalmine decision

The government will no longer defend a decision, made by the previous government, to allow a controversial new coalmine in Cumbria.

The new Secretary of State for Housing, Communities and Local Government, Angela Rayner, has accepted there was an “error of law” in the decision to grant planning permission for the mine in December 2022.

Consequently, the government will not now be defending two legal challenges next week (16-18 July) against the mine – by Friends of the Earth and South Lakes Action on Climate Change (SLACC).

It has instead informed the court that the decision to grant planning permission should be quashed.

According to Friends of the Earth, if that is agreed by the court, the planning application will go back to the Secretary of State to make a fresh decision.

The decision throws into doubt whether the coalmine will ultimately get the go-ahead.

The then Secretary of State Michael Gove gave permission for the mine near Whitehaven, Cumbria, in December 2022. It was the first new coal mine to be approved in 30 years. Supporters welcomed promised jobs but critics argued it would undermine climate change targets

In 2022 Labour’s Secretary of State for Energy Security and Net Zero, Ed Miliband, said a Labour government would leave “no stone unturned” in seeking to prevent the opening of the coalmine in Whitehaven.

Friends of the Earth climate co-ordinator Jamie Peters said: “We’re delighted the government agrees that planning permission for this destructive, polluting and unnecessary coal mine was unlawfully granted and that it should be quashed.

"We hope the court agrees, and that the mine is then rejected when the secretary of state reconsiders the application.

“The new government must now ensure that areas like West Cumbria get the jobs and investment they urgently need so that people living there can reap the benefits of building a clean, green and affordable future.”

The Ministry of Housing, Communities and Local Government declined to comment due to ongoing litigation.