In December, Michael Gove, Secretary of State for Levelling Up, Housing and Communities, granted planning permission for a new coal mine in Cumbria following a Public Inquiry in September 2021.
Last week, South Lakes Action on Climate Change [SLACC] launched a legal challenge against the government’s decision. The legal team acting for SLACC allege in their Pre-Action letter that:
8. Unfortunately, the [Inspector’s Report], and thus the [Secretary of State’s decision letter], are shot through with errors and with examples of the Inspector (and hence the Secretary of State) either ignoring or cherry-picking evidence.
Eight proposed grounds for challenge have been advanced, one of which is:
Ground 7: Procedural impropriety - Apparent bias of the Inspector
63. As was reported in local media in August 2022, by the BBC in August 2022 and in national news after the instant decision was announced, the Report published and the Secretary of State’s statement to Parliament, emphasising his reliance on the Report of the “independent planning Inspector”, immediately prior to closing the Inquiry in respect of the Hownsgill Appeal, the Inspector made the following remarks:“I’m from a mining background. I’m from a pit village. I still live in a pit village. I worked 10 years down the pit. I’m the only inspector ever to work down the pit”“The anguish you felt when the steel works closed, I’ve been part of it so I know what you went through because I went through it.”64. SLACC is concerned that the Inspector’s comments would cause a fair-minded and informed observer who has considered the facts to consider that there was a real possibility that he was biased in favour of the applicant’s case. His comments arguably go beyond demonstrating that he had appropriate mining experience relevant to the inquiry and raised questions whether and to what extent the Inspector’s experience and views were taken into account when he was appointed.
SLACC are starting a legal challenge against the government's suicidal decision to allow a new coal mine. Good on SLACC. You can support them https://t.co/93iIevl9HW https://t.co/pbap69SKN2
— Coal Action Network (@CoalActionUK) January 9, 2023
