A proposal for an opencast mine near the Wrekin in Shropshire is to go before a planning inspector.
UK Coal has submitted an "appeal on the grounds of non-determination" because it said Telford and Wrekin Council had taken too long to make a decision.
UK Coal wants to extract 900,000 tonnes of coal near Huntington Lane over 32 months and submitted a plan a year ago.
The council said the complex application needed much consultation and was to be discussed next month.
UK Coal said since lodging its application it had responded to several council requests for technical information, but had seen "no obvious signs that the application will be considered in the near future".
The firm said the project would create 90 jobs and the site would be restored to green fields within four years of the start of open-casting.
But residents have raised concerns over noise, dust, lorry movements and a possible impact on tourism.
And Telford and Wrekin Council said the firm had not given it enough time to take advice from "important consultees" and had not provided all the information it needed.
Head of planning Michael Barker said: "It's not unusual for such plans to take a long time to determine because they are matters that are very complex and arouse considerable local concern and objections.
"For this reason we require a great deal of supporting information and evaluation."
The proposal would now be determined by an independent planning inspector, the council added.