The planning officer’s conclusions and recommendation
The planning officer’s conclusions and recommendation
The planning officer’s overall conclusions and recommendation were set out in section 6 of the Report –
“6.1 The development proposes a tourism attraction, making use of previously mined caves and giving people the opportunity to access these caves which are a geographically fixed resource in the grounds of Elterwater Quarry.
6.2 The proposed development would further the promotion of opportunities for understanding and enjoyment of special qualities of the National Park and the Outstanding Universal Value of the English Lake District World Heritage Site.
6.3 It has been demonstrated that the site can accommodate visitors to it and that measures proposed to promote and increase travel to the site using more sustainable modes of transport are sufficiently robust and achievable. The development would not result in harm as a result in increase in activity as a result of travel.
6.4 The proposal would not give rise to unacceptable impacts on character and appearance. Limited external works and appropriate landscaping are proposed. No unacceptable changes to activity levels on the site or in the area have been identified.
6.5 In relation to the impact of the development on the historic environment and cultural heritage, the development would result in low level harms to intangible attributes due to changes in activity. However, affording greater weight to the conservation of cultural heritage in a National Park, and great weight to the conservation of heritage assets, any harms arising would be outweighed by public benefits, in particular public access.
6.6 I am satisfied that in all other respects, including nature conservation interests, and drainage and flood risk, the development is acceptable.
6.7 Subject to the conditions recommended and having regard to the provisions of the development plan (in particular Lake District National Park Local Plan Policies 01, 02, 03, 04, 05, 06, 07, 13, 16, 18, 19, 20, 21, 22 and 28) and other material considerations (including the provisions of the NPPF), the development is considered to be acceptable”.
- 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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