Introduction
Introduction
This is an application for judicial review of the decision by the Defendant, the Lake District National Park Authority, to grant planning permission subject to conditions for the use of slate caverns at Elterwater Quarry for heritage tourism [“the planning permission”]. The full description of development authorised by the planning permission [“the development”] is –
“The use of Elterwater quarry slate caverns for heritage tourism; the partial re-use of existing former saw sheds for visitor facilities, an indoor interpretation area and electric bike charging facilities; works to create an outdoor natural history trail with permissive pedestrian access and vehicle parking; and, a landscaping scheme”.
The Interested Party submitted its application for planning permission for the development [“the planning application”] on 20 December 2023. The Defendant’s Development Control Committee [“the Committee”] resolved to grant the planning permission at their meeting held on 1 May 2024. The planning permission was issued on 3 May 2024.
Elterwater Quarry [“the quarry”] is a working quarry operated by the Interested Party. The quarry is located to the south-west of the village of Elterwater in the Langdale Valley. Access to the quarry from the village is gained via a single track road, also a bridleway.
The quarry is a long-established minerals site with a complex of underground caverns, quarry voids, benches, faces and waste tips. The development would involve the introduction of a fixed-line route connecting viewing platforms with a cavern, using zip-wires to provide access to viewpoints and features of interest to visitors. Existing buildings within the quarry site would be adapted for use as part of the tourist attraction. There would be an outdoor heritage interpretation area. Car and coach parking would be provided, with associated landscaping. A permissive path would be created within the quarry site to a viewpoint. Meanwhile, the site would continue to be used for quarrying operations.
The quarry, the village and the surrounding area including the Langdale Valley are situated at the heart of the Lake District National Park. The whole area of the Lake District National Park was inscribed by UNESCO as a World Heritage Site in 2017.
The Claimant is a charitable and membership organisation which promotes the protection and conservation of the landscape and natural beauty of the Lake District and the county of Cumbria as a whole. On 31 January 2024, the Claimant wrote to the Defendant raising extensive objections to the Interested Party’s planning application. On 14 May 2024, the Claimant brought this claim for judicial review of the grant of the planning permission.
- 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
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