West Cumbria Mining v Cumbria County Council - United Kingdom

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

Summary

On 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.

Case documents

Related laws and policies

This law implements United Kingdom legislation

National Planning Policy Framework

Passed in Executive

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...