No appeal over Cumbria coal mine judgment

The company behind plans to build a new coal mine in Cumbria has not lodged an appeal against last month’s High Court decision to strike down planning permission for the controversial development.

Friends of the Earth has confirmed this morning (14 October) that West Cumbria Mining has not filed any papers with the court, missing the deadline to appeal against the ruling [1].

Planning permission for the mine was quashed by the High Court on 13 September [2] following legal challenges by Friends of the Earth and South Lakes Action on Climate Change (SLACC). The judge found in Friends of the Earth’s favour on all four grounds of its challenge, and in SLACC’s favour in all but one of theirs.

Plans for the mine were dealt a further blow last month (26 September) when the Coal Authority refused to grant coal mining licences for the development [3]. In its damning report [4], the Coal Authority identifies many shortcomings in WCM’s plans, but two in particular – about subsidence and about the financial viability – were “fundamental” to its refusal to grant coal licences.

Secretary of State for Housing, Communities and Local Government, Angela Rayner. will now have to reconsider the original planning application by WCM – unless the company decides to abandon its plans by withdrawing it.

Friends of the Earth is urging the government to ensure that West Cumbria, and areas like it, are at the forefront of the transition to a green economy to get the jobs and investment that is urgently required.

Friends of the Earth energy campaigner, Tony Bosworth, said:

“It’s little surprise that West Cumbria Mining has not appealed the judgment. The High Court found in our favour on four separate grounds, and each of these would have had to be overturned to change the outcome.

“Last week’s decision by the Coal Authority to refuse coal mining licences for the proposed development, underlines the fact that this mine is effectively dead in the water.

“WCM must now accept the inevitable and walk away from this development. If they don’t, Angela Rayner should bang the final nail into the coffin of this destructive and unnecessary mine by refusing planning permission.

“The government must now develop an ambitious plan to accelerate the transition to a zero-carbon future, with top priority given to areas like West Cumbria to ensure they get the jobs, hope and prosperity they so urgently need.

“With the closure of the UK’s final remaining coal-fired power station at the end of last month, coal is fast becoming part of our heritage, not of our future.”