AC-2024-MAN-000347 - [2025] EWHC 2630 (Admin)

In paragraphs 5.63 to 5.84 of the Report, the planning officer considered the impact of the development on the historic environment and cultural heritage of the Lake District National Park. She reminded the Committee that both the Framework and the Local Plan seek to conserve and enhance the significance of heritage assets. She advised that in her view, the foremost heritage issue for the Committee to consider were the potential impacts of the development on the Outstanding Universal Value of the Lake District World Heritage Site. The heritage significance of the World Heritage Site was derived from three “intertwining themes” which together combined to define its Outstanding Universal Value. These were a landscape (i) of exceptional beauty, shaped by persistent and distinctive agro-pastoral traditions which give it special character; (ii) which has inspired artistic and literary movements and generated ideas about landscapes that have had global influence and left their physical mark; and (iii) which has been a catalyst for key developments in the national and international protection of landscapes.

She advised that the Langdale Valley had been identified as epitomising many of the qualities and attributes which underpinned the case for Outstanding Universal Value. The physical remains of mines and quarries which have shaped the landscape is an attribute of the first of the intertwining themes. Slate quarrying and mining in the valley had left the greatest mark on the Langdale landscape and Elterwater Quarry had a high level of significance. In the view of Historic England, the quarry made a positive contribution to the Outstanding Universal Value of the World Heritage Site.

The planning officer summarised the findings of the heritage statement submitted in support of the planning application. She summarised the advice given by both Historic England and ICOMOS in response to consultation on the planning application. Amongst the comments of Historic England was the suggestion that –

“The proposed development would potentially bring a range of public benefits, enhancing or better revealing the significance of the World Heritage Site by providing safe and controlled access to an area of mining heritage not previously accessible to the public and increasing awareness of some of the traditional skills and intangible heritage that has all but disappeared”.

Amongst ICOMOS’ advice were the following concerns –

“Negative impacts derived from the proposal affects mostly intangible attributes, caused by increased traffic, as access is likely to be given to private motorised vehicles, and by the type of envisaged use, which relates more to adventure tourism in a heritage setting, than to cultural heritage interpretation for visitors and residents… This type of planned attraction would transform part of the quarry into a theme park, threatening to trivialise the experience of an important aspect of the historic heritage of the Lake District, and one of its attributes…the proposal would likewise be the cause of increased traffic to the Great Langdale valley, inviting a type of audience and attraction that is likely to disrupt its tranquil and contemplative character…the proposed tourist development does not appear in keeping with the character of the valley and is not compatible with the attributes of OUV conveyed by this part of the World Heritage Site”.

The planning officer advised that the potential impact of the development on cultural heritage and the World Heritage Site was critical to the acceptability of the planning application. She considered that the physical aspects of the development would not result in unacceptable heritage impacts. She agreed with Historic England that the proposed development would allow visitors to experience the environment of a historic slate mine. Providing public access to that asset of industrial heritage and the opportunity for its interpretation was a public benefit which carried weight. She acknowledged that the resulting increase in activity within the quarry site would also change the perceptual character of the heritage asset and cause some harm. She saw no evidence to support ICOMOS’ concern that the development would attract “a type of audience” likely adversely to affect the character of the Langdale Valley.

The planning officer then offered her advice to the Committee, which included her consideration of the application of the Sandford principle –

“5.78

Movements to and within the site may also bring change to activity levels, with the previous application refused as it failed to demonstrate that the increase in activity as a result of travel would not negatively impact…the landscape with resultant harm to…the Outstanding Universal Value of the English Lake District World Heritage Site. I consider that the applicant has now demonstrated, through the Travel Plan Commitment Statement and Visitor Management Plan, that activity levels would be appropriately managed and controlled. These can be secured through condition.

5.79

Therefore, in consideration of the world heritage site’s attributes and significance, I find the level of harm to intangible attributes resulting from proposals to be of a low level, and certainly less than substantial within the context of the World Heritage Site as a whole. I give the impacts identified significant weight, reflecting the status of protection attributed to the world heritage site, however I still find the benefits of development, particularly providing public access to a currently inaccessible heritage asset, well outweigh the low level harms I have identified.

5.80

Similarly, affording the conservation of cultural heritage greater weight than the promotion of opportunities for understanding and enjoyment of special qualities, I still find the benefits of the development well outweighs the low level harm identified.

5.81

I agree with ICOMOS’ comments regarding the need for the development to provide interpretation of the quarry’s history and the role of quarrying within the world heritage site. Accordingly, a condition should be imposed obligating the applicant to submit for approval, and subsequently deliver a visitor interpretation strategy for the site.

5.82

I also am satisfied that the proposals would not harm the significance of nearby listed buildings directly, nor by development or changes to activity levels within their setting. Nearby heritage record sites (an undesignated heritage asset) would also be unaffected.

5.83

For the reasons above, I am satisfied that subject to appropriate conditions, the development would result in a low level of harm to heritage assets and, even attributing any harm great weight, the public benefits of development, particularly public access to a heritage asset, outweigh the harms identified in line with Policy 07 and the tests set out within the NPPF.

5.84

Wider issues regarding the national park as a whole raised by ICOMOS are not before us for consideration under this application. With the previous application, ICOMOS requested that the application be halted and that further tourism proposals are suspended altogether until an interpretation strategy for the entire world heritage site is prepared. Such a moratorium is inconsistent with the legal framework of the planning system and is outside the scope of this application”.