The planning permission
The planning permission
The planning permission was issued subject to 23 conditions on 3 May 2024.
Condition 9 states –
“Prior to the first use of the development hereby permitted (or any part thereof), the operator shall prepare a Travel Plan of not less than five-year horizon, which shall be submitted to the Local Planning Authority for approval. The Travel Plan shall incorporate the measures as stated in the submitted Travel Plan Commitment statement (March 2024) and identify the measures that will be undertaken by the operator to encourage the achievement of a shift away from the use of private cars by visitors and staff towards access to the development by non-car means, including measures to promote pre-booking and discourage travel without reservation.
The Travel Plan shall include objectives and targets for a reduction in travel to the site by car. The measures identified in the Travel Plan shall be implemented by the operator within 6 months of the first use of the development hereby permitted.
The Travel Plan shall incorporate a programme for the preparation of an independently verified annual monitoring report reviewing the effectiveness of the Travel Plan against the objectives and targets set and including any necessary amendments, measures or revised travel plan required to improve performance. A paper and electronic copy of the annual monitoring report and any amended travel plan as is required shall be provided to the Local Planning Authority for approval in accordance with the approved programme.
The development shall be operated in accordance with such details as are approved by the Local Planning Authority
REASON
To contribute towards the promotion, development and use of sustainable travel choices in accordance with the provisions of Policy 2 of the Lake District National Park Local Plan 2020-2035”.
I note that the final sentence of condition 9 (“The development shall be operated…Local Planning Authority”) was not included in the draft of that condition as set out in the Report.
Condition 17 states –
“The cavern explorer route shall not be used by more than 294 people per day.
REASON
To control and manage likely movements to the premises and actively on the premises and within the locality to avoid harmful changes to the character and appearance of the area, special qualities of the Lake District National Park, or the significance of the English Lake District World Heritage Site as a result of activity, in accordance with Lake District National Park Local Plan 2020-2035 policies 01, 02, 05, 06 and 07”.
- 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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