The case concerned two challenges under s288 of the Town and Country Planning Act 1990 to the grant of planning permission by the Secretary of State in December 2022 for a new metallurgical coal mine and associated development at Whitehaven in Cumbria.  

The issues addressed in the High Court judgment included:

* the treatment of downstream greenhouse gas (GHG) emissions in the environmental impact assessment process in light of the Supreme Court’s judgment in R (Finch) v Surrey CC [2024] UKSC 20;

* the basis for the conclusion that the proposal would have a neutral or beneficial effect on global GHG emissions relating to substitution of Whitehaven coal for US coal;

* the consideration of the impact of a decision to grant planning permission for the coal mine on the ability of the UK to perform its leadership role in promoting international action to address climate change;

* the consideration of WCM’s proposed scheme for offsetting GHG residual emissions from the coal mine itself.  

Holgate J decided that the permission was unlawful in relation to these issues and quashed the permission.  

The Secretary of State decided not to defend the decision in early July 2024, following the General Election, in light of the Supreme Court’s decision in Finch.  WCM continued to defend the grant of planning permission at the High Court hearing on 16 to 18 July 2024.  

A copy of the judgment is available here.

Alexander Greaves appeared as junior counsel for WCM in the High Court and at the inquiry, and also for WCM as intervener in Finch in the Supreme Court.  

Richard Honey KC, leading Richard Moules KC and Nick Grant, was instructed by the Secretary of State, and appeared at the High Court hearing in order to assist the Court.