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Dismissed3 December 20253349473

Clints Quarry , A595 Bothel to Redmain , Moota , Cumbria , CA13 0QE

Planning appeal 3349473 at Clints Quarry , A595 Bothel to Redmain , Moota , Cumbria , CA13 0QE (Lake District) was dismissed on 3 December 2025 by Inspector Savage M, following a hearing. The main issue, as the Inspector framed it: The main issue of Appeal A is whether the Authority’s decision to refuse the application was well founded. This will turn on whether the 1974 planning permission was begun prior to 20 November 1979.

the winning and working of limestone

Authority
Lake District
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
minerals-waste · Mineral working
Inspector
Savage M
Postcode
CA13 0QE

Main issues, as the Inspector framed them

  • The main issue of Appeal A is whether the Authority’s decision to refuse the application was well founded. This will turn on whether the 1974 planning permission was begun prior to 20 November 1979.
  • Whether, if I find the 1974 permission was not implemented, it is possible to determine the conditions for the 1966 permission alone.

What decided it

For Appeal A, the appellant failed to prove on the balance of probabilities that the 1974 permission was begun before 20 November 1979; for Appeal B, the Inspector could not rule out an adverse effect on the integrity of the Special Area of Conservation and found no imperative reasons of overriding public interest to justify that harm.

the public interest benefits of the proposal (economic benefits, job support and reduced transport mileage) did not outweigh the adverse impacts of the proposed development upon the conservation aims of the Habitats Directive, so the benefits did not justify those adverse impacts and the IROPI test was not met

What the Inspector cited

National Planning Policy Framework
Paragraph 190
Judgments
David (Thomas)(Porthcawl) Ltd v Penybont Rural District Council [1972] 3 All E.R. 1092, CA; R (Park Pharmacy Trust) v Plymouth City Council [2008] EWHC 445 (Admin); Maximums Networks Ltd v Secretary of State for Communities and Local Government [2018] EWHC 1933 (Admin); Foster, R (on the application of) v Oldham MBC & Pugmanor Properties Ltd [1999] EWHC Admin 774; Test Valley Borough Council v Fiske [2024] EWCA Civ 1541; CG Fry & Son Limited v (1) Secretary of State for Levelling Up, Housing and Communities (2) Somerset Council [2024] EWCA Civ 730; R (Wilkinson) v South Hams DC [2016] EWHC 1860

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Lake District

The authority’s record since 2016 · every decision in 2025

  1. Notice varied and upheld6 July 20263356610
    Land Opposite Orchard View, Saltcoats, Holmrook, CA19 1YY
  2. Planning permission granted26 June 20263377594
    Land at South Barn, Ayside, Grange Over Sands, LA11 6HY
  3. Notice varied and upheld23 June 20263376839
    Thwaite Howe, Thornthwaite, Keswick, CA12 5SA
  4. Notice varied and upheld5 June 20263362991
    Land at Bell Intake, High Dam, Finsthwaite Ulverston, Cumbria, LA12 8BN
  5. Notice upheld28 May 20263374745
    Old Bank House , Lake Road, Ambleside, LA22 0AD

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.