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

The planning officer then turned to consider and to advise on the site-specific impacts of the development. She considered the traffic and transport impacts of the development under the heading “Movement and activity” in paragraphs 5.18 to 5.46 of the Report. She reminded the Committee of the quarry’s location and of the surrounding highway network. She referred to the predicted daily numbers of visitors to the development, adjusted for seasonal variation to allow for its operation during the peak season between June and August. The predicted number of visitors over the course of a full year was 50,000 people. During the peak season of 92 days, it was predicted that 294 visitors would visit the quarry per day, with 98 daily two-way vehicle movements, assuming vehicle occupancy of 3 persons per car. The predicted hourly figures were 36 people or an estimated 12 two-way vehicle movements.

Having reminded the Committee of the Defendant’s reasons for refusing the previous planning application, the planning officer provided details of the Interested Party’s revised Travel Plan and the Travel Plan Commitments –

“5.27

In order to overcome these reasons, the applicant has re-addressed their Travel Plan and submitted a Travel Plan Commitment which proposes the following:

• Deployment of a Travel Plan coordinator who will provide ongoing implementation, monitoring, success and evaluation of the Travel Plan measures. They will be responsible for liaising with the slate quarry operator, local community group and the LDNPA to ensure the provisions within the Travel Plan respond to local circumstances.

• Improvements to the sustainable transport

o Provision of a shuttle minibus service at the point of the heritage experience first coming into operation. The minibus will be available to all visitors booking tickets and will follow a route that takes in Windermere train station and selected public car parks. There would be opportunities to extend the route to other centres including Grasmere and Coniston.

o Measures to improve the quarry access road

o Commitment to explore other opportunities for wider sustainable transport network improvements in conjunction with existing operators, for example an improved no. 516 bus service.

o Measures to encourage walking, for example the provision of signage and promotion of routes through the site and surrounding area; and explore options for permissive route across the applicant’s private land.

o Measures to encourage cycling, for example the promotion of local cycle routes; signing up to the Cycle2Work scheme; cycle parking, showering and changing facilities on site; promote ebike hire; and provide basic bike repair equipment.

o Improvements to existing Public Rights of Way network.

• On site sustainable transport measures

o The deployment of new sustainable travel infrastructure and technologies including e-bike parking spaces and charging locations, with changing provision and lockers; and on site training for bike repairs.

o Implementing a ticketing strategy.

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Control the number of visitors driving to Elterwater Quarry Experience and using the available on-site parking allocation. Pricing mechanism would be implemented that would financially reward through ticket pricing customers that have used non-car travel including multi-modal journeys to make all or part of their journey to the Experience, for example via an enhanced bus service or Park and Ride; and Active and Ferry Travel.

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The pricing strategy will include necessary checks to ensure participants understand the requirement for verification of sustainable transport modes upon arrival.

o Measures to encourage car sharing/shared transport such as Liftshare.

o Measures to encourage use of ultra-low and zero emissions vehicles by providing onsite charging facilities; promote off-site car parks with charging infrastructure; and adapting provision for charging facilities in accordance with future demand.

• Sustainable transport awareness

o Providing a welcome pack to employees to positively influence travel behaviour

o Marketing and promotional measures at the point of booking

o Measures to encourage public transport, including season ticket purchase assistance for staff and promoting online journey planning tools.

The planning officer said that the Interested Party had submitted a draft planning obligation in the form of a unilateral undertaking, to implement the agreed terms of the Travel Plan. She advised that the unilateral undertaking would be a legally binding document, enforceable by injunction, in which the Interested Party committed to implement the Travel Plan.

The planning officer reminded the Committee of policy 21 of the Local Plan and of the policy objective to reduce travel growth by private vehicle through modal shift to sustainable travel. She advised that the policy of the Local Plan in promoting sustainable travel echoed the policy of the Framework. Having drawn attention to the concerns raised by objectors about the utility of the sustainable transport and travel measures proposed in the revised Travel Plan and Travel Plan Commitment statement as an alternative to the private car, the planning officer gave her advice on the acceptability and efficacy of those revised proposals –

“5.33

I consider that the revised travel approach sets out achievable measures that could increase travel to the site using more sustainable modes of transport, particularly with the increased scope set out in the Plan to include a pricing strategy based on travel to the site and the provision of a minibus. I consider that the Travel Plan Commitment statement provides measures that can be addressed and secured through the imposition of a planning condition, requiring a final submission where details, for example in respect of timings and frequency of the private minibus, can be expanded on and secured, and also requiring the submission and monitoring of the plan. The applicant’s commitment through the submission of a draft Unilateral Undertaking also, in my opinion, demonstrates both that the Travel Plan is achievable and the applicant’s commitment as the applicant is entering a legally binding agreement to implement it.

5.34

Available information also indicates that proposed car park capacity at the attraction would be sufficient that even if all visitors accessed the site by car, they could be accommodated on-site, and therefore the development is not likely to result in displacement which adds to parking pressures in Elterwater or the surrounding area. The operator also indicates that their online booking system can help to control visitors to the site.

5.35

As the proposed cavern explorer has limited capacity it seems likely a majority of users will book ahead to avoid disappointment and wasted journeys, particularly at peak times. The proposed parking arrangements meanwhile are such that when space is available on the activity there will be parking available in the car park, and on occasions when the cavern explorer is fully booked there will be space to safely turn.

5.36

To deter car based travel by visitors who do not book an Automatic Number Plate Recognition (ANPR) barrier is now proposed on the access track between the highway and Fir Bank Cottages. A barrier is also proposed across the entrance to the car park adjacent to the Saw Sheds. The location of the barrier would require its use by users of the Elterwater Experience, quarry traffic, residents of the dwellings at Fir Bank and their visitors. It is not clear on how the barrier would be used, particularly by residents, their visitors and quarry traffic, the estimated frequency of its use given the additional users of the barrier, and whether there would be sufficient space for all these potential users to be at the barrier and pass. Given these concerns about the barrier in this location, mainly in respect of the impact on the amenity of residential properties, including Fir Bank and Oak Bank, I recommend a condition requiring the submission of a final location of the barrier for approval. There are locations, for example within the car park for the Elterwater Experience, where an ANPR barrier could be located providing sufficient space for vehicles to turn without blocking the quarry access road or impacting the Public Right Of Way.

5.37

I am satisfied that the movement impacts of visitors to the site travelling for short durations only, for example those visiting for the day to only go to the proposed development, would when considered as part of the whole development be negligible.

5.38

I have confidence that the objectives and proposals within the Travel Plan Commitment statement are robust and achievable and offer as much as an individual developer could reasonably achieve. In my opinion the proposal includes measures which would promote and increase travel to the site using more sustainable modes of transport which can be secured and delivered. As such I consider that the proposal overcomes the previous reason for refusal and is now acceptable in respect of movement and activity”.