An environmental campaign group has stated that it intends to present new arguments for a planning inspector who was responsible for an inquiry into the opening of a Cumbria coal mine.
Friends of the Earth suggests that a Court of Appeal judge’s ruling on an oil well in Surrey may have implications for the planned Whitehaven mine.
A spokesperson said that a lawyer was writing to an inspector who supervised a planning inquiry into the mine proposal. This would explain the implications of the appeal decision.
He stated that the mine planning inquiry was held in September, and the inspector had not yet made a recommendation.
Demonstrators outside Woodhouse Colliery south of Whitehaven (Owen Humphreys/PA).
(PA Wire)
Sarah Finch, a campaigner, challenged the decision of Surrey County Councils to allow a well to be extended near her home in Redhill.
She claimed that council bosses had failed in indirect greenhouse gas impacts assessment and failed to consider environmental protection objectives.
A judge from the High Court had ruled against her, and she appealed to the Court of Appeal. Three Court of Appeal judges dismissed her appeal with a two-to-1 majority.
Friends of the Earth stated that appeal judges had made points in a written ruling relating to fuel emissions. They wanted the mine inquiry inspector, to consider these points.
A Friday spokesman said that the appeal judgment clearly shows that planning authorities have the discretion to decide whether to include end use emissions from the combustion fossil fuels in an environmental impact assessment.
However, the High Court judge had ruled against Surrey County Council’s ability to consider these emissions as a matter-of-law.
During the public inquiry the mine developer cited the judgment of the High Court judges in the (oil-well case) to claim that it could no longer be required to assess end-use emissions from its proposed coal mining.
We believe that the Court of Appeals judgement yesterday weakens their position.
Following the Court of Appeal’s decision in the (oil well) case, the planning inspector indicated that he may consider making new representations regarding the issue of end-use emission.
Friends of the Earth is now expecting to write to the planning inspector to discuss the Court of Appeal’s decision.
