High Court hears planning challenge concerning Greenhouse Gas emissions from burning coal

On 17^th and 18^th October, Ouseley J heard argument in a challenge by mining firm H.J. Banks and Company Limited to the Secretary of State’s decision to refuse planning permission for an open cast coal mine in Northumberland. The proposal would involve mining up to three million tonnes of coal from 325 hectares of farmland near the village of Widdrington. In refusing planning permission, the Secretary of State gave significant weight to the Greenhouse Gas Emissions from the end use of the coal (use in coal-fired power stations). That aspect of the decision was the focus of the Claimant’s legal challenge. Judgment has been reserved. David Elvin QC and Richard Moules appeared for the Secretary of State. Paul Brown QC and Matthew Fraser appeared for Friends of the Earth (Paul Brown QC and Toby Fisher also appeared at the call-in inquiry for Friends of the Earth which was a Rule 6 party).