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

Section 2 of the Report described the quarry site, the background and the development proposed by the Interested Party’s planning application. Section 3 provided a detailed summary of the points raised in representations received in response to consultation on and publicity for the planning application, including the objections to the development advanced by the Claimant.

Historic England raised no objection to the planning application. However, Historic England advised that the Defendant should satisfy itself of the effectiveness of the measures proposed to address traffic impacts, given that traffic generation was an issue raised by the International Council on Monuments and Sites (ICOMOS). ICOMOS is a special advisory body to UNESCO on World Heritage Sites. ICOMOS UK promotes best practice in managing World Heritage Sites in the United Kingdom. In May 2023 ICOMOS UK carried out a technical review of the proposal to create a tourist attraction at the Quarry. The conclusions and recommendations of that technical review were summarised in the Report. ICOMOS UK drew attention to the decision of the UNESCO World Heritage Committee in September 2023 in the light of the adverse findings of the technical review, requesting that the approval process for the development be suspended until an Outstanding Universal Value (OUV) based interpretation strategy had been approved.

The local highway authority raised no objection to the planning application. The authority advised that the development will not have a material effect on existing highway conditions.

Objections to the planning application were reported under topic headings. The development was said to be contrary to National Park purposes and objectives, and to the Sandford principle. The quarry was said to be an inappropriate location for a tourist attraction, the Langdale Valley being renowned for its natural beauty and valued for its peace and tranquillity. The development would harm the landscape and settlement character, the tranquillity and special qualities of the area. The impact of additional traffic, vehicles and visitors would harm those qualities. Detailed and extensive concerns were raised about the traffic impacts and the ineffectiveness of the Travel Plan and proposed transport and traffic commitments.

Section 4 of the Report provided a summary of the relevant policies of the Local Plan, of the National Planning Policy Framework [“the Framework”] and other applicable policy documents. Paragraph 4.8 referred to the statutory purposes and to the Sandford principle –

“The Environment Act 1995 sets out two statutory purposes of National Parks:

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Conserve and enhance the natural beauty, wildlife and cultural heritage.

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Promote opportunities for the understanding and enjoyment of the special qualities of national parks by the public.

It also has a duty in pursuing those purposes:

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To seek to foster the economic and social well-being of local communities within the National Park…

Section 62 of the Environment Act 1995 states that if in exercising our functions so as to affect land within the National Park it appears that there is a conflict between purposes, we shall attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park (The ‘Sandford Principle’)”.

Section 5 of the Report comprises of the planning officer’s comprehensive assessment of the development. For that purpose, the planning officer identified the main issues. Those issues included –

In considering whether the development was acceptable in principle, the planning officer advised that the proposed tourist attraction would –

“Provide opportunities for understanding and enjoyment of the special qualities of the National Park (for example geology and geomorphology, rich archaeology and historic landscape, and long traditions of tourism and outdoor activities). The proposal aligns with and an approval would further the second National Park purpose”.

She concluded –

“In summary I consider the proposed tourism development would utilise a geographically fixed resource, is capable of operating alongside the quarry use without compromising future mineral extraction and could help to sustain the existing business (although this is not a determining factor in respect of in-principle acceptability). The development can be considered acceptable as a matter of principle, considering relevant policies and the approach of the Development Plan as a whole. This was also the Authority’s conclusion in assessing the previous application”.