HMPD currently has an application with the county council to amend a condition of its approval, to remove an area it no longer has access to.
HMPD's managing director Paul Murphy, said ahead of the meeting that the change was required as a result of a landowner who had originally allowed his property to be used, changing his mind.
They have instead turned their attention to an application by HMPD to change its approved scheme, which would result in a slightly smaller working area and less coal being extracted.
HMPD managing director, Paul Murphy, said: "My understanding is that the judicial review is not going ahead.
A previous application by HMPD was defeated in 2010.
Meanwhile, Mr Opperman believes the 44 planning conditions attached to the appeal go-ahead could yet prove an insurmountable obstacle to HMPD
boss Paul Murphy.
But after a two-week appeal in Hexham this summer, the verdict went the way of HMPD - to the shock and consternation of the village.
HMPD boss Paul Murphy has declined to comment but has promised dozens of local jobs for the three-and-a-half years of the dig, with an equestrian centre being set up in the village upon completion.
director Paul Murphy did not return calls yesterday.
HMPD have refused to comment on the new application but are expected to attend a public meeting at Halton Lea Gate Village Hall at 1pm on November 16.
It is believed a White Paper going through Parliament extending the minimum distance from the mining site to the nearest properties to 500 metres may have forced the hand of HMPD.
"There is a Private Members' Bill going through Parliament from the North-West Leicestershire MP Andrew Brigden to establish a 500-metre rule, and we think HMPD may be trying to get their application through before the Bill can be passed.