The Berejiklian government has given the developer of a proposed coal mine near Gloucester the unusual right to challenge the project's refusal in court, an opportunity routinely denied mining opponents.

Last December, the independent Planning Assessment Commission rejected Gloucester Resources Ltd's proposal to begin an open-cut mine near the mid-north coastal town.

Denise Gilbert at her Forbesdale residence near Gloucester, which overlooks the proposed Rocky Hill coal mine, pictured in the background. Credit:Liam Driver

The commission found economic benefits of the Rocky Hill mine with its 220-metre deep pit within a kilometre of homes were outweighed "by the detriment to the quality of life for residents near the mine site".

News that Planning Minister Anthony Roberts had granted GRL the right to appeal the decision was only revealed during a community consultation meeting in Gloucester on Friday despite being made before Christmas.