“These are fundamentally different things. The planning damage caused by an unauthorized building can be remedied by eventually demolishing that building.
illegally
“In contrast, the planning hazards posed by unauthorized mining of coal cannot: Coal cannot be put back into the ground; carbon emissions from burning coal cannot be removed from the atmosphere,” the legal opinion states.
Lawyers argue that the eight-and-a-half-month delay by Merthyr Tydfil CBC and the Welsh Government is arguably unlawful and there are good reasons to suggest that if they fail to issue a cease and desist notice by 27 June 2023, they will conduct would be illegal. The effective date of the enforcement notice.
Regardless, the failure of authorities in both countries to take decisive enforcement action in this case amounted to “mismanagement and the setting of a dire precedent,” the lawyers said.
“It sends a message to all mine operators in Wales that there is no need to cease operations when planning permission expires, as the planning system can be ‘rigged’ to continue operating beyond that date with no consequences ,’ they concluded. They said it was “unilaterally illegal” for Messer Southern to continue mining without a permit.
CAN plans to take the matter to the Public Services Ombudsman (Wales). Mercer Tydfil CBC did not respond to a request for comment before publication of this article. Messer South Wales did not respond to a request for comment for this article.
fall back
Meanwhile, the UK government is trying to scrap proposed legislation banning new coal mines.The ban was passed amendment Liberal Democrat Lord Teverson’s Energy Bill introduced in April said the government should introduce regulations to prevent the Coal Authority from issuing licenses to new mines.
Coal mine operators licensed by the Coal Authority must still obtain planning permission from local authorities, but the fact that the Coal Authority remains under a statutory obligation to develop an economically viable coal industry encourages coal mine operators to continue planning new mines, Wales Climate Change Secretary Julie James said in a letter to the UK government in October 2021.
However, the government opposed Treverson’s amendment and vowed to remove the bill once it passed parliament.
The move contradicts the position of Energy Secretary Greg Hands, who wrote in a response to James’ letter in January 2022 that the Coal Authority’s mandate to promote the coal industry was incompatible with the UK’s climate leadership ambitions “Inconsistent” with coal policy. He wrote that the government was considering steps to review the obligation.
Daniel Thurkelson, of the Coal Action Network, said: “This highlights the backsliding on climate targets at the highest levels of the UK government.”
A Welsh Government spokesman said: “Our position is clear – we want a managed end to the mining and use of coal.”
the author
Catherine Early is a freelance environmental reporter and chief correspondent ecologist. She’s on Twitter @Cat_Early76.
