The Secretary of State (SoS) of Levelling Up Housing and Communities (LUHC) has accepted that there was an “error in Law” in the previous decision to grant planning permission for the mine. The Government will therefore not be defending the decision, made in December 2022, to grant planning permission for the new mine, and will argue that it should be quashed.
In a reasoned and careful “Statement of Reasons” the SoS explains that the re-assessment is the result of the Supreme Court’s recent judgement on the “Finch v Surrey County Council” case. It is now clear that the combustion emissions, i.e. from the use of the Cumbrian coal, should have been assessed as an indirect effect of the new extraction in the Environmental Impact Assessment.
If that is agreed by the Court, the planning application goes back to the SoS to make a fresh decision.
This is HUGE news. We don’t know what West Cumbria Mining will do, but we are pretty sure that the Hearing of our legal challenges will open on the 16th July as scheduled. Only the Court can quash the planning consent, and that is what we are hoping for.