West Cumbria Mining Ltd (WCM) has started the process for a judicial review over the local council’s decision to reconsider plans for a metallurgical coal mine under the Irish Sea.
Cumbria County Council has three times approved the application for Woodhouse Colliery off the coast of Whitehaven.
Secretary of State Robert Jenrick has twice refused to call in the application for him to decide. bityl.co/5vou
However, in February 2021 the council said it would refer the application back to its Development Control and Regulation Committee.
The council added its decision followed publication in December 2020 of the recommendations for the Sixth Carbon Budget by the Government’s Climate Change Committee. bityl.co/5vok
WCM’s application has received support and opposition and currently South Lakes Action on Climate Change (SLACC) is also threatening a legal challenge against the mine plans.
Last Friday (5 March), WCM said it was shocked by the council’s decision which “at the eleventh hour and after comprehensive, extensive and prolonged consultation and consideration, cannot be justified”.
“As the next step in this process, we have today [5 March] lodged formal paper with the High Court to commence judicial review proceedings in respect of Cumbria CC’s to refer the matter back once again to committee.”
WCM has instructed law firm Hogan Lovells to take legal action on concerns that the council’s “decision-making process is robust and in accordance with the established framework.”
The company said it had tried to resolve the matter before deciding to start the process for a judicial review.
WCM added that the proposed mine’s operational greenhouse gas emissions were “so low that they would be within any and all of the fourth, fifth, and sixth carbon budget recommendations.”
“It is extremely regrettable that WCM has been placed in this position after committing so much time, resource, and private funding to achieve a robust planning approval and social licence to operate,” said chief executive Mark Kirkbride.
“The latest actions of the council have created a very real risk that the project will never be delivered which would be devastating for West Cumbria as well as the Northern Powerhouse and Industrial Strategy initiatives.
“I shall continue to do all that I can to deliver this project and the clear benefits it will provide.”
WCM has said it hoped to employ more than 500 people, invest £148 million annually in employment and receive £302m in revenues.
If approved, the mine will be the UK’s first deep coal mine in more than 30 years.
WCM’s majority shareholder is Australian investment firm EMR Capital which focuses on mining operations, development and investment and has “deep linkages in the Asian and global markets.”
The company has offices in Hong Kong, Melbourne, Australia and the Cayman Islands.