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West Cumbria Mining v. Cumbria County Council

Country/Territory
United Kingdom
Date
Mar 1, 2021
Source
UNEP, InforMEA
Court name
High Court of Justice
Seat of court
England and Wales
Abstract
On March 5, 2021, West Cumbria Mining filed an application for judicial review of Cumbria County Council's decision to reconsider a planning application for a new metallurgical coal mine in Whitehaven, Cumbria for the fourth time. According to a press release from the claimants, they argued that the council's decision misunderstood both the relevant facts and law. The referral had been made after a threat of legal action against the council by a local community group opposed to the project and the issuance of a report by the Committee on Climate Change - the UK's independent advisory body on climate change - on the UK's sixth carbon budget. On March 11, 2021, the Secretary of State for Housing, Communities, and Local Government exercised his powers to "call-in" the planning application for determination at the national level.

Key environmental legal questions:

Whether Cumbria County Council acted lawfully in referring a decision on a planning application for a new coal mine to committee for a fourth time
Full text
West-Cumbria-Mining-v.-Cumbria-County-Council-West-Cumbria-Mining-Statement-5th-March-2021.pdf
West-Cumbria-Mining-v.-Cumbria-County-Council-Call_in_letter_lpa_redacted.pdf
Website
climatecasechart.com