Called-in Planning Decision: West Cumbria

Baroness Hayman of Ullock Excerpts

Thursday 8th December 2022 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the Minister for reading through the Statement. I note that it suggests that any mature and considered response needs to take account of the decision letter and the planning inspector’s report, so I reassure all noble Lords that I have indeed done so.

The Statement stresses that this is not an energy proposal, and that it is not only energy projects that burn fossil fuels or create emissions. Environmentalists warn that the mine will create around 400,000 tonnes of emissions every year. The former Government Chief Scientific Adviser and chair of the Climate Crisis Advisory Group, Sir David King, has labelled the decision as an “incomprehensible act of self-harm”. He said:

“Worldwide, there should be no new venture into coal, oil or gas recovery. This action by a leading developed economy sets exactly the wrong example to the rest of the world.”


Does the Minister agree that, in other words, this trashes the UK’s reputation as a global leader on climate action and looks utterly hypocritical to low-income countries, whose own fossil fuel ambitions we have repeatedly criticised?

The Statement also refers to the Government’s net-zero strategy. The decision letter says that the proposed development would have a neutral effect on climate change and is therefore consistent with government policies for meeting this challenge. Therefore, can the Minister explain exactly how this can be, when the developer has said it will offset emissions with carbon credits, certified by the Gold Standard foundation? Yet, the foundation says that this goes against its core principles, because it is strongly against the extraction of fossil fuels, and that any plans to offset its climate impact should not be used as a reason to grant permission.

The decision letter also says that there is currently a UK and European market for the coal and, although there is no consensus on what future demand in the UK and Europe might be, it is highly likely that a global demand will remain. The business plan for the mine is therefore based on exporting 85% of its coal. Can the Minister explain how that is carbon neutral? Does she acknowledge that the world is in fact moving away from coal? This Government have pledged to end coal-fired power generation by 2024, and many other countries are looking to end the use of coal by 2030. The British steel industry itself has said that it that will not use the coal from this mine because of its sulphur content. Many steel makers in the UK and globally are planning to move away from coal and manufacture steel using technologies such as electric arc furnaces, powered by renewable energy, or through hydrogen direct reduction. Professor Haszeldine, from the University Edinburgh, has said:

“Opening a coal mine in Cumbria is investing in 1850s technology and does not look forward to the 2030s low carbon local energy future.”


More than 80% of the proposed jobs are, I understand, to be in underground coal production. Is this the Government’s aspiration for young people in West Cumbria? As somebody who lives there, I can understand why there is some support in the local area. The reason is that West Cumbria desperately needs jobs. Is the Minister aware that the Conservatives promised a new nuclear power station, and failed to deliver? They promised major investment in West Cumbria’s road and rail infrastructure, and failed to deliver. They promised investment in advanced manufacturing, and failed to deliver.

Granting permission for a coal mine is not going to create the long-term skilled jobs we need. Cabinet minister Gillian Keegan admitted that the coal mine was “not a long-term solution”. Does the Minister believe that this is good enough, when in the decision letter, the Secretary of State agrees that the local area has a compelling need for additional investment and employment opportunity? This Government should invest in small modular reactors and other new nuclear projects in the area; they should invest in renewable energy, electric arc furnaces for green steel production, green hydrogen and sustainable transport. They should support West Cumbria in a prosperous, clean, green future, not turn Britain into the dirty man of Europe. This decision does not offer secure, long-term jobs for West Cumbria and it makes the statement that this Government are giving up on all pretence of climate leadership.

[Lord Stoneham of Droxford (LD)]

I endorse the remarks just made by the noble Baroness, Lady Hayman. I agree completely with them so I will not repeat them, but I will make a couple of points.

First, this is not a short-term investment. Anybody opening up a coal mine knows that it has to have a reasonably long-term investment profile and business case. The fact that only 15% of the output will be used in the UK—or at least that is the indication—puts a big question mark over the value of the investment. If it was not as little as that, we would be looking at having to have, presumably, some coking coal process plants to process it. It is not just a question of mining the coal; you have to prepare it for the coking process, and that in itself is not an environmentally pleasant process.

Fundamentally, though, as the noble Baroness, Lady Hayman, said, this is a huge blow to the credibility of a country which is trying to go to a carbon-neutral future. We are trying to lead the world on what we have been doing, but this will question our credibility. The Government have been dragged back by their feet on onshore wind farms. I have to ask: how long will it be before they have to be dragged back by their feet on this terrible decision?

[Baroness Scott of Bybrook (Con)]

My Lords, I thank the noble Baroness, Lady Hayman of Ullock, and the noble Lord, Lord Stoneham of Droxford, for their comments. Before I move on to my further remarks, I must emphasise that this debate surrounds a planning decision made by the Secretary of State for Levelling Up, Housing and Community, in what is a quasi-judicial process, and that his decision may therefore be subject to legal challenge at a later date. As was stressed earlier in another place, nothing I say this evening should be taken in any way as a substitute for that very full reasoning which is set out in the Secretary of State’s decision letter and in the inspector’s report, both of which were published yesterday.

The contributions raised here today deal with matters which were raised in evidence and considered in huge detail by the public inquiry. They were challenged at that public inquiry and were dealt with in the decision made yesterday by the Secretary of State, who has considered that report very carefully. It is extremely important that all parties reflect on that point, that the decision was based on evidence put forward in a public forum, all of which could be tested by cross-examination of witnesses or by written rebuttals, and that the entire process was overseen by an independent inspector. It is important that today we are talking about an independent inspector’s report that has been clearly looked at for a number of months by the Secretary of State who has made this decision.

Published guidance on planning propriety is clear that decisions may be made only on the basis of evidence and considerations which are relevant to the planning merits of the case, and that planning Ministers must give clear planning reasons to ensure that their decisions are transparent and can clearly be understood by all parties. This means that planning Ministers must not take into account any evidence or considerations which are not relevant to planning, not relevant to the decision, or not before them as part of the evidence in the case. Therefore, I can reassure noble Lords that this decision was not made on the basis of press release, newspaper interviews or by reference to any external considerations which were immaterial to the planning decision at hand.

On the key issues surrounding the climate interests, which I think were of particular interest to both the noble Baroness and the noble Lord, the need for coking coal is now, and the economic benefits of the scheme and indeed some other matters not raised in this House this evening are all considered. The bringing together of these issues into a single conclusion on the merits of the scheme was at the heart of yesterday’s decision. That decision was in line—

[Baroness Hayman of Ullock (Lab)]

Does the Minister recognise that 85% will be exported?

[Baroness Scott of Bybrook (Con)]

I will come to that in a minute.

The decision made by the Secretary of State was in line with the recommendations of the independent inspector.

We are on track to deliver our climate and emissions commitments, which are among the most ambitious in the world. We will continue to lead the way in reaching net zero and tackling climate change from 2024. The UK will end the use of coal to generate power, which is what we agreed, and which currently makes up only 2% of electricity generation every year. We are already on that trajectory.

The Whitehaven coal mine proposal relates to coking coal, which is used in the production of steel. A number of people have talked about wind farms. Wind farms need steel, and we need to produce that steel here. The coking coal does not generate power. It is also important to note that this will be the only net-zero coking coal mine in the world. That is important. Noble Lords on the other side of the House laugh, but it is important that we do that. Therefore, the 85% that we export is being produced in a net-zero coalmine. That is important—

[Baroness Hayman of Ullock (Lab)]

On that point, can the Minister answer the questions that I raised. If you are exporting, how does that meet your net-zero targets? Also, the Gold Standard Foundation will not accept the credit but will offset it.

[Baroness Scott of Bybrook (Con)]

I will write to the noble Baroness on that last point. If you are exporting something that has been produced in a way which is more environmentally friendly than other coal mines elsewhere in the world, surely that is good. We are currently importing coke. We will not be importing it in the future because we will be producing our own.

[Baroness Scott of Bybrook (Con)]

Yes, it is my understanding that it will be going to Europe.

The inspector’s report also sets out, and the Secretary of State agrees, that the proposed development would have an overall neutral effect on climate change. It is therefore consistent with the government policies for meeting the challenge of climate change, and that was after the independent inspector heard all the evidence and it was challenged.

The noble Baroness also brought up the issue of jobs. These jobs that we are offering are well paid and skilled jobs, in an area of the country that wants well-paid and skilled jobs. From what I have read in the newspapers and heard on the radio, the local community is very pleased to hear that—they want these skilled jobs. I think that 500-plus jobs is important for that area, but the noble Baroness knows that area better than me.

[Baroness Hayman of Ullock (Lab)]

My Lords—

[Lord Deben (Con)]

Oh, come on.

[Baroness Hayman of Ullock (Lab)]

I am sorry. There is not a timeframe—

[Baroness Bloomfield of Hinton Waldrist (Con)]

We have 20 minutes for Front-Bench questions and answers, it does not affect the Back-Bench time available.