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

The Defendant adopted the Lake District National Park Local Plan entitled “Living Lakes Your Local Plan” in May 2021 [“the Local Plan”].Policy 01 provides the land use strategy which founds the Local Plan. It incorporates the Sandford principle, as a matter of policy. It states –

“The extraordinary harmony and beauty of the Lake District landscape and its Special Qualities, including the attributes of Outstanding Universal Value, will be conserved and enhanced.

We will achieve this by supporting development proposals which are consistent with National Park Purposes and Duty. If it appears that there is a conflict between National Park purposes, we shall attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the Lake District National Park.

All development proposals should protect or enhance the authenticity, integrity and significance of the Lake District”.

Policy 05 of the Local Plan states the Defendant’s policy for protecting the “spectacular landscape” of the Lake District National Park –

“We will conserve and enhance the extraordinary beauty and harmony of the Lake District landscape, its Special Qualities and attributes of Outstanding Universal Value.

We will achieve this by supporting development:

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that ensures the highest level of protection is given to the landscape, and

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where the type, design, scale and level of activity maintains local distinctiveness, sense of place, and where appropriate, tranquillity.

Decisions will be guided by the Lake District Landscape Character Assessment recognising the distinctive characteristics identified in the Landscape Character Types and Areas of Distinctive Character, the World Heritage Site Nomination Document and the Historic Landscape Characterisation.

We will use development opportunities to reduce or remove existing landscape detractors”.

Paragraph 3.05.04 of the Local Plan provides the following explanation of the policy concept of tranquillity –

“Tranquillity is a quality of calm that people experience in places full of sights and sounds of nature, and National Parks are viewed as one of the best places to gain this experience. Tranquillity can be damaged by the intrusive sights and sounds of man-made structures such as new roads, poorly designed lighting and power lines”.

Paragraph 3.05.05 provides the following guidance on the implementation of policy 05 –

“This policy will implement the intentions of the Principles of development by ensuring the spectacular landscape of the Lake District is not compromised by new development. The tranquillity of the countryside should be valued and protected from poor development decisions. New developments may create additional noise, particularly in the context of road traffic, industrial equipment and recreational activities, as well as during the construction phase, and should be considered when taking decisions on new development proposals”.

Policy 18 of the Local Plan expresses support for sustainable tourism –

“We will support proposals which deliver a high quality, sustainable tourism experience for the diverse range of visitors to the Lake District, and ensure proposals benefit our local communities and businesses

To achieve this we will support proposals which:

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enhance and improve the quality of visitor experiences; or

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increase the length of stay of overnight visitors; or

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encourage year round sustainable tourism.

Sustainable tourism proposals will be supported where they:

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are within or well related to the settlement form of a Rural Service Centre (Policy 19), or

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rely upon on a geographically fixed resource which justifies the development; or

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are located within or adjacent to an existing visitor attraction or accommodation site”.

Paragraph 3.18.05 provides the following guidance on the implementation of policy 18 –

“The policy aims to locate new tourism development in places which offer a choice of transport options for visitors and employees. The transport element of proposals will be assessed against Policy 21: Sustainable access and travel. Tourism proposals will be required to submit a Transport Assessment or Transport Statement, and Travel Plans, where appropriate”.

Policy 21 of the Local Plan provides the Defendant’s policy on sustainable access and travel. It states (in part) –

“We will support the development of sustainable transport infrastructure to broaden and encourage use of sustainable travel modes for visitors thereby reducing the need to travel by private vehicle.

We will achieve this by supporting:

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proposals for sustainable transport infrastructure and facilities which improve the connectivity of existing and new sustainable transport infrastructure, services and networks; or

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proposals which improve water based transport through the provision of public jetties and connecting infrastructure; or

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proposals that enable deployment of new transport and infrastructure technologies in travel corridors; or

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proposals that enable the provision of new modes of transport and mobility services”.

Paragraph 3.21.01 states that the Defendant’s objective is to reduce the need for visitors to travel by private vehicles within and through the Lake District and to promote the development and use of sustainable transport and travel choices. Paragraph 3.21.05 states that the number of visitors to the National Park is expected to continue to increase; and that to encourage a corresponding increase in traffic and parking would impact negatively on residents, visitors and the landscape of the National Park.