The UK’s largest opencast coal mine has appealed an order to stop digging for coal at the last minute.
An enforcement notice against the operator of Ffos-y-Fran in Merthyr Tydfil was set to take effect on Tuesday.
It would have given them 28 days to stop mining as planning permission at the site expired in September 2022.
The Welsh government said on Wednesday morning it understood the company was appealing.
A spokesman added that it could not comment further as it may “jeopardise any future decision Welsh ministers may have to make on the matter”.
Mining firm Merthyr (South Wales) Ltd confirmed an appeal had “been lodged with the Welsh ministers” and said it could not comment further while the appeal process was ongoing.
Chris Austin, 67, who lives near the mine, has long campaigned against it as part of the United Valleys Action Group of local residents.
“We are extremely disappointed, and frustrated, to hear that the mining company has appealed the enforcement action,” he said.
“If accepted, the appeal could take 12 months or more to resolve, so we again urge that a ‘stop order’ be put in place whilst this appeal is determined. To us, and surely any reasonable person, this is just common sense.
“The mining company doesn’t have the planning consent required to continue mining coal at Ffos-y-Fran; that is absolute, so why are they being allowed to continue to do so?”
Guidance on the Welsh government’s website suggests once an appeal against an enforcement notice has been submitted a decision would normally be received “within 27 weeks but it can take longer”.
It raises the prospect of a further six months or more of coal mining at the site.
After 15 years, planning permission to mine at Ffos-y-Fran ran out on 6 September 2022 but days before the company asked for more time.
It took until April 2023 for the application to be discussed and refused by Merthyr council’s planning committee.
Mining continued on site in the meantime, with figures suggesting that between 7 September 2022 and 31 March 2023, 199,307 tonnes of coal were produced.
Lawyers acting on behalf of campaign group Coal Action Network have said the situation sets a “terrible precedent” and brings the planning system “into disrepute”.
They have accused the local authority and Welsh government of “maladministration” – arguing that they have potentially acted unlawfully in failing to deal with the matter more urgently and issuing what’s known as a “stop notice”.
Merthyr (South Wales) Ltd has said in the past that it was in discussions with the local authority to ensure “a safe cessation of coaling” at Ffos-y-Fran.
Merthyr council has also been asked to comment on the latest development, but said on Tuesday it had a “contrary legal view” to that of the campaigners’ lawyers.
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