West Cumbria Mining v Cumbria County Council
Jurisdiction: High Court of England and Wales
Principle law(s): National Planning Policy Framework
Side A: West Cumbria Mining (Corporation)
Side B: Cumbria County Council (Government)
Core objectives: 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
SummaryOn 5th March 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 11th March 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.
Related laws and policies
The National Planning Policy Framework sets out the Government's planning policies for England and how they should be applied in the context of local development plans and planning decisions. The purpose of the planning framework is to contribute to the achievement of sustainable development. One...