Exploration & Mining Legal News

WCM to face public inquiry on coal mine plans

West Cumbria Mining Ltd (WCM) will face a public inquiry following the Government’s decision, after two previous refusals, to call in the company’s plans for a coking coal mine off the coast of Cumbria.

Change: application raises planning issues of more than local importance (Woodhouse Colliery CGI- WCM)

CONTROVERSY

The Secretary of State for Housing, Communities and Local Government Robert Jenrick MP gave his reasons as increased controversy over the mine and the Government’s Climate Change Committee (CCC)’s recommendations for the 6th Carbon Budget published in December 2020.

WCM, whose main shareholder is Australian investment company EMR Capital, proposes a new £165 million mine, Woodhouse Colliery.

The plans, which were first submitted in 2017, have provoked strong local, national and international opposition and support.

Last Friday (5 March) the miner announced it had lodged papers at the High Court for a judicial review after Cumbria County Council decided in early March to reconsider the plans despite having three times granted approval.

The council said its decision was due to the CCC’s recommendations for the 6th Carbon Budget.

GOVERNMENT LETTER

In a letter dated yesterday (11 March), Mr Jenrick said he had called in the application because of developments since his original decision.

“The Climate Change Committee’s recommendations for the 6th Carbon Budget have been published since he [Mr Jenrick] was advised on this decision.

“The Secretary of State recognises that proponents and opponents take different positions on that matter, and considers that this should be explored during a public inquiry.

“Furthermore controversy about the application has increased.

“Overall the Secretary of State considers that this application raises planning issues of more than local importance, and further considers that the limbs of the call-in policy relating to potential conflict with national policies in Chapters 14 and 17 of the Framework and substantial cross-boundary or national controversy are satisfied.

“To consider all the relevant aspects of the proposed development, the Secretary of State has decided to hold a local inquiry.

“For the purposes of the 2000 Rules this letter is the ‘relevant notice’ that an inquiry is to be held and the date of this letter is the ‘starting date’.”

CONSIDERATONS

Mr Jenrick said that, due to live litigation, it was appropriate that the court and the parties knew why the application was being called in.

“The Secretary of State is announcing this decision now, rather than awaiting the outcome of the litigation, in order to make progress with determining the substantive planning application.”

Points that Mr Jenrick will consider include the extent to which the proposed development is consistent with government climate change policies, flooding and coastal change, facilitating the sustainable use of minerals, the development plan for the area as well as any other matters he considers relevant.

Supporters of the mine say it will bring much needed employment and investment to Cumbria.

Opponents claim that it would undermine the UK’s net zero targets by 2050 and compromise the UK’s leadership of COP26 round of UN global climate talks in November 2021.

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