The High Court has quashed the planning permission granted for the UK’s first new deep coal mine in 30 years.
The judge ruled that approval for Whitehaven coal mine in Cumbria, granted by former communities secretary Michael Gove in 2022, was unlawful.
Mr Justice Holgate found that the emissions from burning the extracted coal were not properly considered during the planning process.
It is the first decision on a fossil fuel development after the Supreme Court said in a landmark ruling that planning applications must consider the environmental impact of burning fossil fuels, not just extracting them.
If developer West Cumbria Mining (WCM) does not withdraw its application, communities secretary Angela Rayner will have to reconsider the proposal, taking into account the full climate impact.
Shortly before legal challenges were heard, the Government announced it was not defending Mr Gove’s decision to grant planning permission.
Friends of the Earth senior lawyer Niall Toru said: ‘This mine should never have been given permission in the first place.
‘The case against it is overwhelming: it would have huge climate impacts, its coal isn’t needed and it harms the UK’s international reputation on climate.
‘Any reconsideration of the planning application can surely only reach one conclusion – and reject this harmful mine once and for all.’
WCM said it had no comment on the High Court judgement but would consider its implications.
