On March 5, 2021, West Cumbria Mining filed an application for judicial review of Cumbria County Council's decision to reconsider a planning application for a new metallurgical coal mine in Whitehaven, Cumbria for the fourth time. According to a press release from the claimants, they argued that the council's decision misunderstood both the relevant facts and law. The referral had been made after a threat of legal action against the council by a local community group opposed to the project and the issuance of a report by the Committee on Climate Change - the UK's independent advisory body on climate change - on the UK's sixth carbon budget.
On March 11, 2021, the Secretary of State for Housing, Communities, and Local Government exercised his powers to "call-in" the planning application for determination at the national level.
Whether Cumbria County Council acted lawfully in referring a decision on a planning application for a new coal mine to committee for a fourth time