THE government has said that there was an "error of law" in granting planning permission for the west Cumbria coal mine and has pulled its defence of the decision in forthcoming legal challenges.

Angela Rayner, the secretary of state for housing, communities and local government, has said that there was an "error of law" in the decision to grant planning permission for the controversial mine in December 2022.

It will now no longer be defending the claims in the two legal challenges being brought by Friends of the Earth and South Lakes Action on Climate Change (SLACC) which are due to take place at the Royal Courts of Justice next week.

The government has informed the court that the decision to grant planning permission should be rejected which will send the planning application back to the secretary of state to make a verdict on the case. 

The government’s move follows the result of the Supreme Court's recent judgement on the 'Finch v Surrey County Council' case which ruled that emissions from burning fossil fuels must be considered in planning applications for new extraction projects.

Jamie Peters, Friends of the Earth climate co-ordinator, said:   “We’re delighted the government agrees that planning permission for this destructive, polluting and unnecessary coal mine was unlawfully granted and that it should be quashed.

"We hope the court agrees, and that the mine is then rejected when the Secretary of State reconsiders the application."

The groups said that they believe a hearing will still be held as the site’s developer, West Cumbria Mining, is expected to oppose the legal claim.

West Cumbria Mining first submitted the planning application for the coal mine in 2014, permission was initially granted in March 2019 but has since faced legal challenges. 

The mine would provide coking coal to the steel industry as opposed to generating coal for energy production. 

Speaking in 2022 when the mine was given the green light by the government, Mike Starkie, former mayor of Copeland, said: "I'm thrilled and I'd also like to thank all the members of our community who've got behind the campaign to support the approval of this mine. Their voices have been heard."

Mark Jenkinson, former MP for Workington, has reacted to the news on Twitter:

West Cumbria Mining and the Ministry for Housing, Communities, and Local Government have been approached for comment.