Case 3278599

Youth Hostels Association, Access Road To Longthwaite From B5289, Longthwaite, CA12 5XE

Lake District — appeal dismissed

Outcome
Dismissed
Decision date
24 January 2022
Authority
Lake District
Inspector
Tweddle J
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
YHA (England & Wales) ltd
Agent
Just-H Architects
LPA reference
7/2021/2109
ONS LPA code
E26000011
Jurisdiction
Transferred
Link status
Not Linked
Start date
8 October 2021

Summary AI

The appeal for a seasonal touring caravan in the Lake District National Park was dismissed due to the potential harm to the character and appearance of the surrounding area, and the importance of conserving the natural beauty and heritage of the site.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Youth Hostels Association, Access Road To Longthwaite From B5289, Longthwaite, CA12 5XE — Lake District — Appeal Decision Site visit made on 10 January 2022 by J M Tweddle BSc(Hons) MSc(Dist) MRTPI an Inspector appointed by the Secretary of State Decision date: 24 January 2022 Appeal Ref: APP/Q9495/W/21/3278599 Youth Hostels Association, Longthwaite, Keswick CA12 5XE • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Robert Harrison of YHA (England & Wales) ltd against the decision of the Lake District National Park Authority. • The application Ref 7/2021/2109, dated 30 March 2021, was refused by notice dated 1 July 2021. • The development proposed is a seasonal pitch for one touring caravan. Decision 1. The appeal is dismissed. Preliminary Matters 2. The site address differs on the application form, the decision notice and the appeal form. For clarity, I have used the address as set out on the Local Planning Authority’s (LPA) decision notice as this appears to be a more accurate reflection of the site’s location. Main Issue 3.

Page 1 · Chunk 1 Appeal Decision

Youth Hostels Association, Access Road To Longthwaite From B5289, Longthwaite, CA12 5XE — Lake District — Appeal Decision The main issue is the effect of the development on the character and appearance of the surrounding area, having regard to the site’s location within the Lake District National Park and the English Lake District World Heritage Site. Reasons 4. The appeal site comprises an undeveloped area of land within a wooded area to the south of the Longthwaite Youth Hostel. It is bound to the east by a woodland track, which also serves as a public footpath, beyond which is the River Derwent, and to the west by Johnny’s Wood, an Ancient Semi Natural Woodland and Site of Special Scientific Interest which forms part of the Borrowdale Woodlands Special Area of Conservation. To the south is further woodland and open countryside. The site falls within both the Lake District National Park and the English Lake District World Heritage Site (WHS). 5. Extensive woodland, with its important assemblages of mosses and lichens clothing the valley sides, is a key landscape feature of the Borrowdale Area of Distinctive Character1, which is situated to the south of Keswick and Derwent Water.

Page 1 · Chunk 2 Appeal Decision

Youth Hostels Association, Access Road To Longthwaite From B5289, Longthwaite, CA12 5XE — Lake District — Appeal Decision Woodlands are acknowledged to be one of the Lake District’s most valuable scenic and wildlife assets, with Borrowdale being one of the most wooded of all the Lake District valleys. Accordingly, despite the existence of a handful of landpods used for ‘glamping’, the wooded area in which the appeal 1 Lake District National Park Landscape Character Assessment and Guidelines, revised April 2021 https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Youth Hostels Association, Access Road To Longthwaite From B5289, Longthwaite, CA12 5XE — Lake District — Appeal Decision Woodlands are acknowledged to be one of the Lake District’s most valuable scenic and wildlife assets, with Borrowdale being one of the most wooded of all the Lake District valleys. Accordingly, despite the existence of a handful of landpods used for ‘glamping’, the wooded area in which the appeal 1 Lake District National Park Landscape Character Assessment and Guidelines, revised April 2021 https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Youth Hostels Association, Access Road To Longthwaite From B5289, Longthwaite, CA12 5XE — Lake District — Appeal Decision Appeal Decision APP/Q9495/W/21/3278599 site is located makes a valuable contribution to the local landscape character and natural beauty of the area. 6. The WHS is a designated heritage asset of the highest significance, and which is internationally recognised for its Outstanding Universal Value. The WHS’s attributes of Outstanding Universal Value are based on a combination of attributes falling under three intertwining and interdependent themes of landscape shaped by persistent and distinctive agro-pastoral traditions, which has inspired artistic and literary movements and generated ideas about landscape that have had global influence, and which has been the catalyst for key developments in the approach to national and international landscape protection. 7. Borrowdale is notable for the quality of its mature woodlands. In this regard, the appeal site and its undeveloped woodland character makes a significant positive contribution to the extraordinary beauty and harmony of the surrounding landscape. As such, it is a component of the attributes of the Outstanding Universal Value of the Borrowdale and Bassenthwaite valley and thereby contributes to the overall significance of the WHS. 8.

Page 2 · Chunk 5 Appeal Decision

Youth Hostels Association, Access Road To Longthwaite From B5289, Longthwaite, CA12 5XE — Lake District — Appeal Decision The proposal would involve the siting of a seasonal touring caravan to provide additional visitor accommodation at the site, diversifying the current offer to customers of the youth hostel. The proposal also includes an area of gravel hardstanding and an electric hook up to serve the caravan. In addition, the accompanying plan2 shows three solar powered lights mounted on 1 metre high timber posts. The siting of a caravan at this location would be unescapably apparent, and in stark contrast with the site’s natural woodland character. A caravan with its associated domestic paraphernalia would substantially alter the character and appearance of the site, resulting in a harmful urbanising effect that would diminish its visual qualities. While reasonably localised in its extent, the proposal would fail to conserve or enhance the natural beauty of the National Park. 9. As a consequence, the proposal would incrementally harm the extraordinary beauty and harmony of the area, thereby diminishing the significance and Outstanding Universal Value of the WHS. In the terms of the National Planning Policy Framework (the Framework), the harm would be less than substantial owing to its localised effects.

Page 2 · Chunk 6 Appeal Decision

Youth Hostels Association, Access Road To Longthwaite From B5289, Longthwaite, CA12 5XE — Lake District — Appeal Decision The Framework requires the harm to be weighed against the public benefits of the proposal. The development would diversify the tourism offer in this part of the National Park with some limited economic benefit. However, beyond this no other public benefits are advanced in support of the appeal. Accordingly, the public benefits are not of sufficient weight to outweigh the great weight and importance that I attach to the harm to the WHS. 10. Taking the above points together, I find that the development would have a significant harmful effect on the character and appearance of the surrounding area, having regard to the site’s location within the Lake District National Park and the WHS. It would therefore be contrary to Policies 01, 02, 05, 06 and 18 of the Lake District National Park Local Plan 2020-2035 which together require, among other things, that development be appropriate to the character of its location, that the extraordinary harmony and beauty of the landscape including attributes of Outstanding Universal Value is conserved, design excellence in all 2 Drawing No. BOR-AP1.02 https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

Youth Hostels Association, Access Road To Longthwaite From B5289, Longthwaite, CA12 5XE — Lake District — Appeal Decision Appeal Decision APP/Q9495/W/21/3278599 development, to conserve and enhance the significance of heritage assets, and that proposals for caravans and camping is consistent with landscape character. 11. The proposal would also conflict with the associated policies of the Framework, including those relating to the historic environment and those relating to the protection of valued landscapes and the great weight afforded to conserving and enhancing landscape and scenic beauty in National Parks – areas which have the highest status of protection in these regards. In addition, the proposal would be inconsistent with the statutory purpose for which the Lake District National Park is designated, that primarily being to conserve and enhance the natural beauty, wildlife and cultural heritage of the area, as set out at Section 11 of the National Parks and Access to the Countryside Act 1949 (as amended). Other Matters 12. The appeal site is located adjacent to the Borrowdale Woodlands Special Area of Conservation, a European designated site. Despite this important habitat designation, I have been provided with little evidence regarding the site’s designation or the habitats it supports.

Page 3 · Chunk 8 Appeal Decision

Youth Hostels Association, Access Road To Longthwaite From B5289, Longthwaite, CA12 5XE — Lake District — Appeal Decision Nevertheless, The Conservation of Habitats and Species Regulations 2017 (the Habitats Regulations) require the Competent Authority to consider whether or not the proposal could adversely affect the integrity of the protected site, either alone or in combination with other plans and projects. That responsibility falls to LPAs when considering applications for planning permission or Planning Inspectors when considering an appeal. 13. In this regard, the LPA has raised concerns regarding the effect of increased visitor pressure on the adjacent woodland. Consequently, the Habitats Regulations require the Competent Authority to undertake an ‘Appropriate Assessment’ to consider the conservation objectives of the affected European designated site and the effect the proposed development would have on the delivery of those objectives. However, I am mindful that Regulation 63(1) of the Habitats Regulations indicates the requirement for an Appropriate Assessment is only necessary when the Competent Authority is minded to approve planning permission. Thus, given my finding on the main issue in this case, it is not necessary for me to consider this matter further. 14.

Page 3 · Chunk 9 Appeal Decision

Youth Hostels Association, Access Road To Longthwaite From B5289, Longthwaite, CA12 5XE — Lake District — Appeal Decision The appellant makes much of their claim that they have a ‘planning exemption’ for the siting of caravans by exercising their permitted development rights in this regard. However, the scope of this permitted development right appears to be limited and I have not been presented with a Certificate of Lawfulness to substantiate the appellant’s assertions in this regard. Furthermore, the fact that the proposal would replace an existing landpod does not justify the harm that has been identified. Accordingly, these matters attract little weight and do not provide grounds on which to allow the appeal. Conclusion 15. For the reasons set out above, I have found the proposal to be contrary to the policies of the development plan and no material considerations of sufficient weight have been advanced to outweigh that conflict. Therefore, I conclude that the appeal should not succeed.

Page 3 · Chunk 10 J M Tweddle

Youth Hostels Association, Access Road To Longthwaite From B5289, Longthwaite, CA12 5XE — Lake District — J M Tweddle INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Against appellant
¶8

The caravan would alter the site's natural woodland character, resulting in a harmful urbanising effect that would diminish its visual qualities.

Heritage impact
Against appellant
¶6

The World Heritage Site is a designated heritage asset of the highest significance, and the development would incrementally harm its extraordinary beauty and harmony.

Other
Neutral
¶null

Although the appeal site is located adjacent to a European designated site, the inspector was not required to consider the potential effects on the integrity of the protected site due to the finding on the main issue.

Policies relied on

Reference Weight
Lake District National Park Local Plan 2020-2035 01, 02, 05, 06, and 18
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 24 January 2022 under the Open Government Licence.