Whitehaven coal mine: Two legal challenges lodged

Opponents of the mine have staged protests calling for a rethink of the government's decision

Two legal challenges have been served opposing the UK's first major coal mine in more than 40 years.

South Lakes Action on Climate Change (SLACC) and Friends of the Earth want the High Court to quash government approval for the mine, near Whitehaven.

The Woodhouse Colliery scheme is expected to extract millions of tonnes of coking coal for steel production.

The government has previously said it acted on advice of the independent planning inspector.

Decision 'a mistake'

The decision to approve the mine has also been criticised by the chair of the government's Net Zero Review, Chris Skidmore.

Speaking at the launch of the review of the government's policies, the Conservative MP and former energy minister said the decision was "a mistake" and "would not have been able to happen" if his recommendations on curbing carbon emissions had been in place.

Mr Skidmore also expressed doubt that the mine would ever be built, noting it was subject to a legal challenge.

"Let's wait and see whether this coal mine actually happens," he said. "But if this [net zero] report is taken forward, it never will."

Operator West Cumbria Mining says it will create 500 highly-skilled jobs with a possible 1,500 more in the supply chain.

The mine is set to open on the site of the former Marchon chemical works on the outskirts of Whitehaven

However, SLACC claims the decision made in December by Levelling Up Secretary Michael Gove was based on "errors in law".

Chairwoman Carole Wood said: "Gove acknowledged 220 million tonnes of greenhouse gases would be released from the coal extracted over the mine's lifetime, and that most of the coal would be exported rather than used in the UK or EU, but he still concluded that the mine would be 'climate neutral or slightly beneficial'.

"Our claim sets out the errors in law, the failure to give intelligible reasons and the disparity of treatment between the parties that Gove employed to arrive at this contradictory conclusion."

Friends of the Earth announced earlier this month it intended to challenge the scheme's approval.

Having now done so, campaigner Tony Bosworth said planning to "open a new coal mine in the middle of a climate emergency is unthinkable".

"Our legal challenge focuses on how the Secretary of State dealt with evidence relating to climate change put forward by Friends of the Earth and others at the planning inquiry."

The Department of Levelling Up, Housing and Communities has said a coal mine at the site would not be used for power generation.

'Huge investment'

In a statement, the department 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 would otherwise need to be imported. It 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. It would be inappropriate to comment further on ongoing legal proceedings."

Cumbria County Council initially approved the mine in 2020 before it became the subject of a public inquiry. A final decision was delayed several times before the government's announcement last month.

While opponents have highlighted environmental concerns, supporters say it will bring badly needed jobs with Copeland's Conservative elected mayor, Mike Starkie, describing it as "a huge economic investment".

Fellow Conservative Trudy Harrison, the MP for Copeland, has also backed the mine.