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Bradley Coal Mine JR Succeeds

Charles Streeten

A claim of judicial review of the Secretary of State's decision not to revoke the grant of planning permission for an open cast coal mine in County Durham has been allowed.

Planning permission was granted for the mine in 2015. However, the developer, UK Coal Mining Ltd subsequently went into liquidation. However, shortly before the permission expired, the land was bought by HJ Banks and Co.

The UK Coal Action network wrote to the Secretary of State requesting that he revoke the planning permission in light of changes in renewable energy policy and his decision to refuse consent for an other open cast coal mine at Highthorn.

After Banks had implemented the permission, the Secretary of State refused to revoke the consent or to give his reasons.

June Davison, a member of the Coal Action Network and local resident, challenged the Secretary of State's decision.

Permission was granted by Lang J on 9 October 2018.

Following service of the Claimant's skeleton argument, the SoS has consented to judgement on the grounds that he failed to have regard to material considerations and is under a duty to give reasons in this case.

Allowing the claim, Andrews J has granted the claimant liberty to apply to the court if the Secretary of State does not issue a fresh reasoned decision before 25 February 2019.

Charles Streeten acted for the successful claimant instructed by Richard Buxton Environmental and Public Law.