Legal bid in mining fight

Thursday 8th October 2009, 2:05PM BST.

New works mining topBattle lines were today being drawn up for a courtroom fight over a controversial decision to allow opencast mining near a Shropshire beauty spot.

See also: Wednesday’s bulletin: Anger over mining decision

Wrekin MP Mark Pritchard is calling for a judicial review challenging a government inspector’s decision to uphold the appeal by UK Coal to mine near The Wrekin.

He says yesterday’s decision should be challenged by Telford & Wrekin Council, claiming the views of campaigners have been ignored.

Mr Pritchard, who has raised the issue in Parliament, said: “I am calling on the borough council chiefs to consider a judicial review of the Secretary of State’s decision to allow the appeal by UK Coal.”

He believes the legal challenge could be mounted based on the legal and planning disparity between planning laws which apply to open cast mining in Scotland and Wales but do not apply in England.

This includes buffer zones around open cast mine sites which do not allow the development within 500 metres of homes, but which does not apply in England.

Mr Pritchard added: “I find it hard to believe that the Secretary of State has taken this decision in view of all the powerful arguments that we put forward and we are urgently examining every aspect of the decision with our legal team.”

Telford & Wrekin Council said its legal experts would be looking at the decision.

Councillor Stephen Bentley said: “We will now go through the decision with a fine-toothed comb to review the council’s position to see if there are any further steps that we can take.

“We need to make sure that we do our best to protect the area around The Wrekin from any future development.”

A campaign group set up to protect rural areas from development also today expressed its dismay.

Vivian Hancock, spokeswoman for The Campaign to Protect Rural England in Shropshire, said: “This decision is shocking. The damage the opencast mine will cause to the Shropshire Hills Area of Outstanding Natural Beauty is unacceptable.

“There is a danger that this decision has opened the doors for anyone who wants to nibble away at Shropshire’s protected landscapes.”

By Lisa Rowley and Wayne Beese


  1. 1
    rpt Barrington-Black

    Will Mr. Pritchard fund the legal cost of the Judicial Review?

    If not, who does he expect to fund it?

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  2. 2
    brian2

    T and W council waste enough of our money on pointless things, so why not put some money into something useful for once, like this appeal?

    Report abuse

  3. 3
    marco

    I wonder it the pun was intended?

    “the views of campaigners have been ignored”.

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  4. 4
    Pentax Superclean

    These anger protesters really need to get over themselves, nothing but NIMBYs. Your voices were heard, its just that there were clear arguments for getting this coal now in light of the life of Ironbridge power station and the environmental effects will be controlled by conditions.

    The site will be restored in 3 years. Better to us native coal than than pay another country for their coal, our balance of payments is already too high.

    Good on the Government for making the right decision rather than cave into the vocal minority!

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  5. 5
    Big Matty

    Its no surprise but there has been no sensible arguemnt agaist the new mine.

    Basically, people don’t want it close to them. have seen people mention health issues, but again this is a weak argument as they are happy to have the mine elsewhere.

    Please someone offer a sensible argument against the mine.

    The truth is, I live very close to this area yet I’m rounded enough both emotionally and intellectually to understand the benefits and look at the entire argument!

    Its three years! No it wont look pretty! More jobs Locally! More money locally!

    I personally walk that area at least once a week so it will affect me, most people probably moan and complain without knowing the exact location of the proposed mine anyway.

    Report abuse

  6. 6
    Yep !

    The council were always in an impossible situation in how they were to determine this scheme and ultimately thats why they didnt and the coal authority called non determination and it was taken to enquiry.

    I personally know that officers in the council fully appreciated the concerns of the residents but any refusal of this scheme had to be related to defendable facts and policies. This could never be done and the authority knew that the enquiry was likely not to go their way but would still had to spend £500k of your money defending a weak refusal case so they were seen to be doing the right thing.

    Lets please not waste even more authority money funding solicitors mansions and sports cars in a legal battle which is unlikely to go in the authorities favour.

    If people take the time to investigate the whole proposal fully it is clear that the associated benefits to Telford are actually quite good and would certainly not come about if the site was left untouched.

    Time to let this sleeping dog lye until they propose to put a wind farm and solar panels on the Wrekin too !

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  7. 7
    Hugh Davies

    “Pentax Superclean said: Oct 8th, 2009 at 13:14
    These anger protesters really need to get over themselves, nothing but NIMBYs”

    And why should the local residents not fight something that will devalue our property?

    Whilst I’d rather this didn’t go ahead, it’s only delaying the inevitable as at some point the coal will be dug out. I say take the money and make sure British Coal honours their commitment and restores the site within the stated time period. My fear is that the mining will go on for years and years and then the land then sold for housing.

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  8. 8
    Huw Peach

    Big Matty says there have been ‘no sensible arguments against the mine’.

    For those unfamiliar with how sensible Big Matty is, see his theory about WMD in Iraq ( http://www.shropshirestar.com/2009/08/31/slogans-beamed-on-to-power-station/ #18).

    In my opinion, one sensible argument against burning 900,000 tonnes of coal is that it releases 1153 grammes of carbon dioxide per kilowatt hour.

    Wind releases 24 grammes per kilowatt hour.

    A responsible government should be pushing through off-shore wind farms, not unpopular open-cast coal mines.

    Report abuse

  9. 9
    Pat Judson

    I find it appalling that this Government has backtracked on its mealy mouthed promises to become a “World leader in Carbon Emissions”, and then rubber stamps a mine that at best, will supply the second dirtiest power station in Europe.
    The Sustainable Communities Act of 2007, quite clearly requires “Measures to conserve energy and increase the quantity of energy supplies which are produced from sustainable sources within a 30 mile radius of the region in which they are consumed”.

    The Act goes further, in that ” Measures must be taken to reduce the level of road traffic including, but not restricted to,local public transport provision, measures to promote walking and cycling and measures to DECREASE the amount of product miles.”
    Now, under oath at the Public Inquiry, a UK Coal executive admitted that the coal may well go to Rugeley power station, which lies Outside the 30 mile radius determined in the Act above, and also to Ratcliff On Soar, which lies 65.5 miles away.
    Therefore, in rubber stamping the UK Coal appeal, John Denham has committed himself to allowing a blatant breach of an Act that came into being during his Governments lifetime.
    I find this both hypocritical, and also very disturbing.
    For those who have read the Inspecors report, he conveniently side steps this issue, along with the Human Rights under section 14 of thousands of people living downwind of the mine.
    Pat,COTEYG

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  10. 10
    Big Matty

    Huw, I welcome anyone to read my posts as I have the decency to offer reasoned debate rather than your one dimensional approach to everything. I look at the whole issue, and form my own opinions based on the information available. You on the other hand Huw appear to lack the ability to look beyond government driven propaganda presented to us by the media.

    In most cases of political nature we have limited information available to us, yet the majority take this limited ammount of information and assume they know the whole story. Please stop being so narrow minded, step back and look at the entire issue. It would also help if you realised you are not an economist, lawyer, or Stephen Hawking lost prodigy.

    Judging by the responses on this and almost every other story I read on here it would appear that world peace, economic harmony and environmental equilibrium is simple…. The truth is that it isn’t simple. Lets open a hospital in every town, they cost nothing. Lets pay nurses double their current wage, they’re worth it and money is growing on very green trees in Huws garden. Wind farms are cheap and easy to build (in Huws garden)… except very few ACTUALLY wants them in their area!

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  11. 11
    q

    the council should delay this until the election and then the new conservative government can stop this destruction of the countryside, labour should never be allowed to make decisions about the shropshire countryside, we are rural people and we wont be wrecked by whitehall targets on coal and houses and stuff

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  12. 12
    Huw Peach

    I’m sorry, Big Matty.

    After reading your reasoned debate I now realise how narrow-minded and one-dimensional I’ve been not to look beyond the government-driven propaganda presented to us by the media.

    Now that the scales have fallen from my eyes I understand that

    a) there WERE WMD in Saddam’s arsenal

    b) the government wanted to cover this up, because otherwise they might have been able to claim the reasons they gave to justify the war were true

    c) we should all want an open-cast mine in our backyard and the people who don’t want it are irrational, closed-minded and impervious to your reasoned debate

    d) burning coal without carbon capture is the government’s way of telling future generations that we care

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  13. 13
    Huw Peach

    Hang on a second, Big Matty.

    Isn’t Pat Judson looking beyond government-driven propaganda in his contribution?

    Report abuse

  14. 14
    Tory Boy

    this is what happens when miner loving labour commies get in charge of planning, we would never allow this because a vote for blue is a vote for green, we hate coal and we love the countryside and we hate wind turbines and other EU inventions like that too, we are the best and we will soon rule again like we are destined to, we will sort out the planning system with less red tape for starters and less council beurocrats telling me what i can and cannot put on my house

    get rid of brown, get out of the EU

    god save the Qween

    Report abuse

  15. 15
    ned49

    let it go ahead outherwise somebody will buid houses on it then the land is lost for ever this way it will be restored back to what it was and look at the jobs it will bring good look u.k coal

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