Factual background
Factual background
The previous planning application
On 13 September 2023 the Defendant refused an earlier planning application made by the Interested Party for essentially the same scheme of development at the quarry. The stated reasons for refusal included the following –
“The application estimates that 294 people could visit the attraction each day in peak seasons with commensurate increases in travel to the site. The application fails to demonstrate that the measures proposed promote and increase travel to the site using more sustainable modes of transport are robust and achievable, or that satisfactory alternative measures can be developed, secured and delivered. The application therefore fails to demonstrate that the likely increases in activity by private vehicles travelling to and from the site would represent sustainable tourism which achieves policy objectives for travel and movement. The application further fails to demonstrate that increases in activity as a result of travel would not impact negatively on residents, visitors and the landscape with resultant harm to the extraordinary harmony and beauty of the Lake District landscape and its Special Qualities, including the attributes of Outstanding Universal Value of the English Lake District World Heritage Site. The benefits of the proposal, including the provision of public access to the caverns, heritage interpretation and the creation of jobs, are not of sufficient weight to outweigh the harm identified”.
The Interested Party sought to address and overcome those reasons for refusal in the revised traffic and transport planning proposals submitted in support of the planning application. In particular, the planning application was supported by a revised Travel Plan, a Travel Plan Commitment Statement and a revised Visitor Management Plan.
- Heading
- Introduction
- The grounds of challenge
- The application to amend
- Legislative and policy context
- National Parks – purposes and duties
- The Sandford principle
- Judicial review of local planning authority decision taking
- Lake District National Park Local Plan
- Factual background
- The Claimant’s objections to the development
- The Development Control Committee
- The planning officer’s report
- Movement and activity
- Landscape character and appearance
- Historic environment and cultural heritage
- The planning officer’s conclusions and recommendation
- The planning permission
- The unilateral undertaking
- Ground 1
- The Claimant’s submissions in summary
- Discussion
- Conclusion
- Ground 1A – the application to amend
- Ground 2
- Discussion
- Conclusion
- Ground 3
- Discussion
- Conclusions
![AC-2024-MAN-000347 - [2025] EWHC 2630 (Admin)](https://backend.juristeca.com/files/emisores/logo_fi51A75.png)