Environmental group to challenge Gove decision on coal mine planning permission
Friends of the Earth has announced plans to file a claim later this month for statutory review over a decision by the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, to grant planning permission to a new coal mine in Cumbria.
The environmental campaigning group said the challenge will focus on the mine's climate impacts
The planning application for the construction of a new coal mine in Pow Beck Valley, Cumbria, was first submitted by West Cumbria Mining Ltd in 2017 before being called in for decision by the Secretary of State in 2021.
The Planning Inspectorate was then called on to produce a report on the application, which upon publication in April 2022, recommended planning permission be granted.
Writing in his report, planning inspector Stephen Normington acknowledged that the development would give rise to elements of environmental harm, adding that "substantial harm would occur to the character and appearance" of the surrounding area.
Despite this, the inspector found that the development would not cause any "unacceptable impacts on ecology nor result in net loss in biodiversity", and that the project would have an "an overall neutral effect on climate change and, as such, there would be no material conflict with Government policies for meeting the challenge of climate change".
Ultimately, the inspector concluded that on balance, the national, regional, local and community benefits of the proposed development would clearly outweigh the likely adverse impact.
Eight months later (7 December), Michael Gove published a letter detailing his decision to grant planning permission. He noted that he agreed with the inspector's conclusions and agreed to grant permission on the basis that a specific underground construction method be used, which was recommended in the inspector's report.
Commenting on Gove's conclusion, Niall Toru, a lawyer at Friends of the Earth, argued that the minister "failed to account for the significant climate impacts of this mine" or how the move to green steelmaking will be impacted by its approval.
Toru added: "The steel industry is under no illusion that it must decarbonise if we're to meet our climate goals, which calls into doubt the long-term viability of the mine and the jobs used to justify it."
Rowan Smith, a solicitor at Leigh Day who is also representing Friends of the Earth, said: "A critical issue raised by Friends of the Earth during the inquiry was the signal that granting a new coal mine in the middle of a climate emergency would send to the rest of the world. Friends of the Earth believes that this was never properly grappled with by either the inspector or the Secretary of State."
The Secretary of State also faces legal action from a local group named South Lakes Action on Climate Change Towards Transition (SLACC).
The group issued a letter before claim on 23 December, which proposed eight grounds of argument, including claims that the decision discounted the international impact of granting the decision and that there were errors in law in misunderstanding or misinterpreting the National Planning Policy Framework.
The deadline for the Secretary of State to reply to SLACC's letter before claim is today (6 January).
A Department for Levelling Up, Housing and Communities spokesperson said: “The Secretary of State has agreed to grant planning permission for a new metallurgical coal mine in Cumbria as recommended by the independent planning inspector.
“This coal will be used for the production of steel and will not be used for power generation.
“The reasons for the Secretary of State’s decision are set out in full in his published letter, alongside the report of the independent planning inspector who oversaw the inquiry into the proposal”.
Adam Carey
