A High Court judge has ruled that the government's decision to grant planning permission to the new coal mine in west Cumbria in 2022 was unlawful. 

Mr Justice Holgate said in the ruling that giving the go-ahead for the development at Whitehaven in Cumbria was "legally flawed."

The judgement follows legal challenges by Friends of the Earth and South Lakes Action on Climate Change (SLACC) to the government's decision to approve the mine plans, the two groups argued that the emissions from burning the extracted coal were not properly considered during the planning process.

If developer West Cumbria Mining decides to pursue its application further, the case will then go to Deputy Prime Minister Angela Rayner who will make the final ruling.

Duncan Pollard, an SLACC trustee, said: "Today's ruling is a huge relief for SLACC and our supporters who have spent years trying to expose the truth about West Cumbria Mining's proposal and Michael Gove's decision to approve it.

"It is now doubly clear that fossil fuel companies cannot ignore the combustion emissions caused by the use of their oil, gas or coal, or rely on simplistic claims that a new coal mine will have zero impact on global emissions."

“We sincerely hope that any re-examination of the coal mine proposal considers all relevant issues and this ill-conceived idea is permanently shelved. Central and local government need to concentrate on secure and sustainable jobs for west Cumbria.”

A spokesperson for West Cumbria Mining said: “West Cumbria Mining will consider the implications of the High Court judgment and has no comment to make at this time.”

In July, the new Labour government dropped its support of the coal mine saying there was an "error of law" in granting the permission and pulled its defence of this legal challenge.

This move was prompted the result of the Supreme Court's 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.

Friends of the Earth senior lawyer Niall Toru, said: "This is fantastic news and a huge victory for our environment and everyone who has fought against this climate-damaging and completely unnecessary coal mine."

Local reaction to the decision has been mixed with some welcoming the news and what it means for the environment whilst others have expressed frustration and disappointment.

The coal mine has been a divisive topic in the area since the plans were put forward in 2017, supporters argue that there is a need for job opportunities in Whitehaven and that the mine would be a boost to the local economy. 

Former mayor of Copeland Mike Starkie, who has been a long-time supporter of the mine, said: "Today is a dark day for West Cumbria.

"I think it's an absolute travesty. That after all this time and all the money and the processes and hurdles that have been cleared, that this can even happen.

"The prosperity and the opportunity this would have brought to West Cumbria was phenomenal.

"I'm angry and I think the people of West Cumbria are angry over this. And for this new government, hot on the heels of stealing the winter fuel allowance off 18,000 West Cumbrian pensioners to then take the future away from our potential workforce is devastating."

Former Workington MP Mark Jenkinson remarked on Facebook: "Labour are playing games with West Cumbria’s future.

"Not content with holding West Cumbria back for decades, they continue to prove they don’t care about employment and growth in West Cumbria.

"One of their first acts in Government was to drop their defence of the planning decision to allow a private company to build the Woodhouse Colliery, with no taxpayer subsidy required. The judge has now put that decision back on Angela Rayners desk."

For those who oppose the coal mine, Friday's ruling was welcomed as a step in the right direction on climate change.

There is a much greater push among them to see 'green' jobs brought into the area instead.

Josh MacAlister, MP for Workington and Whitehaven, said: "The High Court’s finding that the decision by the previous Tory government on the coal mine was 'legally flawed' comes as a surprise to no one. The Tories knew it themselves, which is why they were against it before they were for it. They made a cynical political decision to back it, not one based on a sound proposition or any care for our community. It’s the latest in a long list of messes the Tories left for someone else to clean up. 

"I was clear about my view on the coal mine before the election and it hasn’t changed since then. I’ve always been skeptical about whether the business case stacked up for a product that there is no domestic market for now the Tories have shut down the blast furnaces and with them our virgin steel-making capability. The jobs the mine promised to create would be wholly reliant on a volatile global export market in which prices for coking coal are trending downwards. They wouldn’t have lasted and then local families would have been let down again.

"I want our area to have well-paid, high quality, long-term jobs in the industries of the future, not the past. That’s how we diversify, strengthen and grow West Cumbria’s economy in a meaningful and lasting way. That’s why I published my own industrial plan for West Cumbria before the election and why I’ve been working flat out since being elected as your MP to fight for those opportunities to come to our area - new nuclear, renewable energy projects, a major expansion of the Port of Workington to attract new industrial and advanced manufacturing jobs. That’s where our future lies. 

"The election was a chance to turn the page on the cynical and short-termist approach adopted by the Tories, offering our area scraps off the table that they knew wouldn’t come to fruition. People voted for change and a government committed to creating a stable economy and long-term growth. That’s what I’ll continue to work to deliver for the people of West Cumbria."

Green Party councillor Jill Perry said: "I'm really pleased with the decision - one for common sense, the future and the planet. 

"I hope this draws a line under the ill conceived project and we can all concentrate on bringing good green climate-safe jobs to Whitehaven and surroundings."