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

The planning officer considered the impact of the development on landscape character and appearance in paragraphs 5.46 to 5.62 of the Report. She began with a summary of the importance given by both law and policy to protecting the landscape of the Lake District National Park and World Heritage Site. She reminded the Committee that in giving great weight to the conservation and enhancement of the natural beauty and landscape of the National Park, policies 01 and 05, the Local Plan reflect both the legal framework of protection and national policy as set out in the Framework.

The planning officer referred to the approach stated by policy 05, that planning decision taking is to be guided by the Lake District National Park Landscape Character Assessment and Guidelines (April 2021) [“the LCA”]. She said that the quarry site lies with Landscape Character Type H: Upland Valley and within Area of Distinctive Character 38 – Great and Little Langdale. Her assessment of the key elements and sensitivities of the landscape of the Langdale Valley was as follows –

“5.51

Langdale is a landscape of exceptional quality. Informed by the Landscape Character Assessment Supplementary Planning Document, I consider key elements of the Langdale landscape include:

• A valley floor dominated by river and pastoral farmland, with a distinctive pattern of dry stone walls and barns

• Valley sides covered by a mixture of pastoral farmland and woodland with some of the steeper valley sides of scree, with the Langdale fells prominent

• The landscape is enclosed and sheltered by a complex landscape pattern

• Slate quarrying is apparent with some of the largest quarries in the Lake District

• Despite being one of the busier valleys Langdale has a strong sense of isolation, remoteness, contrast and tranquillity, as a result of the dramatic landform and the perceived naturalness of the high, open, fells.

5.52

I note the landscape sensitivities attributed to the area in the landscape character assessment are:

• Strong sense of remoteness, isolation and tranquillity throughout the area (away from the A593 road corridor);

• Small-scale and intimate settlement pattern, throughout the area which is vulnerable to the introduction of buildings either within village centres or settlement edges, which do not respect existing settlement scale and character;

• Strongly rural character throughout the area, with sustained pressure from recreational activities causing lasting scars being a force for change to this area of distinctive character.

5.53

The Landscape Character Assessment provides the following relevant guidelines for managing landscape change in this area:

• Cultural and historic character – Protect and conserve historic and archaeologically important elements.

• Aesthetic and perceptual character – Retain strong sense of tranquillity throughout most of the area; Maintain strong sense of remoteness and isolation; Retain strongly rural character throughout the area; Encourage restoration of erosion scars associated with most popular routes and manage access to sensitive sites.

5.54

The landscape value of the area is high. The sensitivity of visual receptors is also high given many people will be here to experience scenic beauty and cultural landscape, use the rights of way for recreational activities, or experience views across the wider landscape”.

In paragraphs 5.55 to 5.62 of the Report, the planning officer gave her advice on the impact of the development on the character and appearance of the surrounding landscape, acknowledging the exceptional quality and high sensitivity of that landscape –

“5.55

Whilst the wider landscape is unarguably of exceptional quality and high sensitivity, the application site sits within a working quarry. Due to the scale and nature of the site the quarry is highly visible in the wider landscape. The application proposes a number of physical works, including re-cladding the saw sheds, providing platforms and zip wires for the cavern explorer route, making alterations to an existing smaller visitor building, and new hard and soft landscaping.

5.56

The applicant has provided a Landscape and Visual Appraisal. This considers the proposed development’s likely landscape and visual impacts, and potential impacts on special qualities of the national park landscape. In respect of wider landscape impacts it states that ‘given the re-use of existing buildings and nature of proposed development within the existing quarry surrounded by woodland and landform, changes as a result of the proposed development would only be potentially visible from elevated parts of Chapel Stile and fells above it and part of Lingmoor Fell. Effects on landscape or visual receptors outside of these areas would be negligible’. The applicant’s landscape and visual appraisal also assesses the proposed car park finding that ‘the proposed development occurs within an existing operational quarry and on land which is already hard standing and therefore no notable loss of valued landscape features. The proposed tree planting would represent a beneficial addition to the local landscape, when established. The lighting has been minimised and designed not to cause impacts outside of the quarry site itself, so as not to adversely impact on any dark sky qualities of the landscape. However, the increase in traffic would be noticeable both on site and also in the valley’. I consider this a reasonable assessment of likely impacts. Given the nature of the proposals and their scale and nature, I do not consider that the development would have a harmful impact on the landscape, or the character and appearance of the area.

5.57

The in-cavern explorer route is below ground except for part of the first platform, with this above ground element of the first platform hidden from public view between two rock faces. Visually the cavern explorer would have negligible public impact. Aurally, due to the size of the cavern, the explorer’s position relative to the bridleway, the explorer being almost entirely underground, and with its capacity being finite, I do not consider that there would be harmful noise impacts arising from it.

5.58

Despite being extremely utilitarian, I consider the appearance of the former saw sheds has value within the landscape as a visible industrial remnant. The age and colour of the cladding contribute to their character and any replacement would need to be of an acceptable type and appearance. From my site visit, I note that the buildings are in a poor state of repair and are not watertight. I therefore consider that the proposed re-cladding is acceptable, subject to approval of samples.

5.59

Limited alterations are proposed to the smaller visitor building, with the addition of ramped access. This is sited to the south of the saw sheds. Although clearly visible from the immediately adjacent right of way, alterations proposed are acceptable.

5.60

The proposed car park would be to the north of the saw shed on an area currently used for HGV parking and quarry material storage. There is a bund around the boundary of the area which would be retained and new tree screening added. External lighting is proposed. I accept that the car park would be visible until the soft landscaping has established, however the site is currently far from natural, being characterised by quarrying activity and stored material piles, with heavy machinery and vehicle movements not uncommon in this location.

5.61

With regards to the increase in activity as a result of travel, and its impact on the extraordinary beauty and harmony of the Lake District landscape, as considered above, I do not consider that there would be a detrimental impact by way of noise and disturbance by visitors of the Elterwater Experience directly. I also consider that lighting and landscaping would be acceptable, subject to conditions. With regards to the impact of the resultant travel associated with the proposal, with the measures proposed in the Travel Plan Commitment Statement and the associated numbers of visitors to the development, which is finite given the capacity of the cavern, I do not consider that the development would have a detrimental impact on the Lake District landscape. Controls on hourly numbers of users is recommended to bring likely activity levels within control through planning condition.

5.62

For the reasons above, I consider that the development would not result in unacceptable character, appearance, landscape or visual impacts, in accordance with relevant local plan policies (in particular 01, 02, 05, 06 and 07), the NPPF, and other relevant considerations and would conserve the natural beauty and harmony of the National Park”.