Northumberland County Council

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The Planning Inspectorate arranged a public inquiry to consider an appeal by Devonport Estates against the decision of Northumberland County Council to refuse planning permission for the construction of a landmark sculpture and associated development on 9.5 hectates of land at Cold Law, Stiddlehill Common, Near Ridsdale, Ray Estate, Northumberland. Appeal Ref: APP/P2935/W/20/3244389

The Inquiry which opened on Tuesday 9 March 2021 is now closed (19/03/21). The appeal is now awaiting a decision.

The on-line library below holds all the Core Documents relating to the Inquiry. All documents will open in a new window as a PDF unless stated otherwise. The original application reference 19/00247/FUL can be viewed on our Public Access system.

Further information about the Inquiry can be obtained from Leanne Palmer, Case Officer, The Planning Inspectorate. Telephone: 0303 444 5471 Email: leanne.palmer@planninginspectorate.gov.uk

A - Application Documents and Forms (save for Landscape and Visual Documents)

A.1	Application Forms and Certificates
A.2	Site Location Plan [Drawing Ref. 1131_001]
A.3	Planning Statement (with Design & Access Statement), prepared by W Fabian [January 2019]
A.4	Construction Strategy Statement, prepared by Simon Hitchens [January 2019]
A.5	Construction Detail, prepared by Shadbolt Civil & Structural Engineers [Drawing Ref. 2542C/510 Rev B]
A.6	Construction Details, prepared by Shadbolt Civil & Structural Engineers [Drawing Ref. 2542C/510 Rev A]
A.7	Indicative Surface Water Drainage Plan, prepared by Shadbolt Civil & Structural Engineers [Drawing Ref. 2542C/514 Rev A]
A.8	Outline Surface Water Drainage Strategy, prepared by Shadbolt Civil & Structural Engineers [January 2019]
A.9	Preliminary Risk Assessment (Phase I GeoEnvironmental), prepared by The Shadbolt Group [June 2017]
A.10	Proposed General Arrangement, prepared by Structure Workshop Engineers [Drawing Ref. 18028.901 Rev P1]
A.11	Foundation Proposal, prepared by Structure Workshop Engineers [Drawing Ref. 18028.902 Rev P1]
A.12	Ecological Appraisal, prepared by E3 Ecology [January 2019]
A.13	Transport Statement, prepared by SAJ Transport Consultants [January 2019]
A.14	Proposed site access arrangement visibility splay – vertical, prepared by SAJ Transport Consultants [Drawing Ref. JN1784-Dwg-0004]
A.15	Site Access Arrangement, prepared by SAJ Transport Consultants [Drawing Ref. JN1784-Dwg-0009]
A.16	Swept Path Analysis – Coach, prepared by SAJ Transport Consultants [Drawing Ref. JN1784-Dwg-0005 Rev C]
A.17	Swept Path Analysis – Refuse Vehicle, prepared by SAJ Transport Consultants [Drawing Ref. JN1784-Dwg-0007 Rev C]
A.18	Swept Path Analysis – Refuse Vehicle – For Information, prepared by SAJ Transport Consultants [Drawing Ref. JN1784-Dwg-0007 Rev B]
A.19	Swept Path Analysis – Refuse Collection Ray Estate, prepared by SAJ Transport Consultants [Drawing Ref. JN1784-Dwg-0010 Rev B]
A.20	Site Access Arrangement (Construction), prepared by SAJ Transport Consultants [Drawing Ref. JN1784-Dwg-0009 Rev C]
A.21	Correspondence – Transport, prepared by SAJ Transport Consultants [26 March 2019]
A.22	Desk Based Assessment and Archaeological Impact Assessment, prepared by Bamburgh Research Project [January 2019]
A.23	Archaeology – Report on Trial Trench Evaluation, prepared by Bamburgh Research Project [April 2019]
A.24	Copy of news articles in local press, prepared by The Journal (Newspaper) [May/August 2018]
A.25	Future Community Engagement Strategy – Community Writing Strategy, prepared by Matthew Jarratt (Arts Curator) New Writing North
A.26	Community Exhibitions, Feedback and Website Report, prepared by Matthew Jarratt (Arts Curator)

B - Consultation Responses to the Application

B.1	Newcastle International Airport [30 January 2019]
B.2	Public Protection [31 January 2019]
B.3	Lead Local Flood Authority [7 February 2019]
B.4	National Air Traffic Services [7 February 2019]
B.5	Northumberland National Park – Planning Department [15 February 2019]
B.6	Countryside/Rights of Way [19 February 2019]
B.7	Ministry of Defence [19 February 2019]
B.8	County Ecologist [19 February 2019]
B.9	Corsenside Parish Council [6 March 2019]
B.10	Historic England [20 March 2019]
B.11	Highways [16 May 2019]
B.12	County Archaeologist [16 May 2019]
B.13	Building Conservation [27 June 2019]
B.14	Tourism, Leisure & Culture [13 June 2019]

C - LPA Decision Documents in relation to the Application

C.1	Officer's Report presented to Planning Committee Meeting held on 4 June 2019
C.2	Minutes of the Strategic Planning Committee Meeting held on 4 June 2019
C.3	Addendum Report [18 June 2019]
C.4	Update Report [2 July 2019]
C.5	Minutes of the Strategic Planning Committee Meeting held on 2 July 2019
C.6	Decision Notice [10 July 2019]

D - Second Application Key Documents

D.1	Planning statement, prepared by Ethical Partnership [February 2020]
D.2	Design & Access Statement (incorporating Artist's Public Art Proposal), prepared by Ethical Partnership and Simon Hitchens [February 2020]
D.3	Visitor Strategy, prepared by Ethical Partnership and Simon Hitchens [February 2020]
D.4	Statement of Community Engagement, prepared by Ethical Partnership [February 2020]
D.5	Economic Impact Report, prepared by ERS [February 2020]

E - Landscape and Visual Documents (Application)

E.1	Landscape and Visual Impact Assessment, prepared by Southern Green Landscape Architects [January 2019]
E.2	LVIA Figures (Part 1), prepared by Southern Green Landscape Architects [January 2019]
E.3	LVIA Figures (Part 2), prepared by Southern Green Landscape Architects [January 2019]
E.4	LVIA Figures (Part 3), prepared by Southern Green Landscape Architects [January 2019]
E.5	Landscape Precedents – Car Park Surfacing and Edging, prepared by Southern Green Landscape Architects [January 2019]
E.6	Concept Sketch – Car Park Indicative Sketch, prepared by Southern Green Landscape Architects [Drawing Ref. 1131_022]
E.7	Existing and Proposed Sections, prepared by Southern Green Landscape Architects [Drawing Ref. 1131_110]
E.8	Existing Topographical Survey, prepared by Southern Green Landscape Architects [Drawing Ref. 1131_010]
E.9	Landscape Precedents – Integrated Furniture, prepared by Southern Green Landscape Architects [January 2019]
E.10	Landscape Strategy – Car Park Area Plan, prepared by Southern Green Landscape Architects [Drawing Ref. 1131_101]
E.11	Landscape Strategy, prepared by Southern Green Landscape Architects [Drawing Ref. 1131_100]
E.12	Proposed Site Plan – Construction, prepared by Southern Green Landscape Architects [Drawing Ref. 1131_012]
E.13	Proposed Layout Plan, prepared by Southern Green Landscape Architects [Drawing Ref. 1131_011]
E.14	Existing and Proposed Section – Landmark & Viewing Area, prepared by Southern Green Landscape Architects [Drawing Ref. 1131_111]
E.15	LVIA Review prepared by Stephenson Halliday [May 2019]

F - Landscape and Visual Documents (Second Application)

F.1	Technical note: Queen Elizabeth Landmark, Cold Law: LVIA Review, prepared by Wood PLC [27 May 2020]
F.2	Elizabeth Landmark LVIA Review Response, prepared by ethical partnership [7 August 2020]
F.3	Annotated reply to Elizabeth Landmark LVIA Review Response prepared by ethical partnership, prepared by Wood PLC [undated]

G - Policy Documents

G.1	The Tynedale Local Development Framework Core Strategy as adopted by the Council in October 2007
G.2	The Tynedale District Local Plan 2000 Saved Policies as adopted by the Council in October 2007
G.3	National Planning Policy Framework [February 2019]
G.4	The Northumberland Local Plan Pre-submission Draft (Regulation 19) [January 2019]
G.4.1	Northumberland Local Plan Schedule of Proposed Minor Modifications to the Publication Draft Plan (Regulation 19) [May 2019]
G.5	Policy 20 of the Northumberland National Park Core Strategy and Development Policies as adopted in March 2009
G.6	Northumberland Landscape Character Assessment – Part A: Landscape Classification
G.7	Northumberland Landscape Character Assessment – Part B: The Changing Landscape
G.8	Northumberland Key Land Use Impact Study Part C Landscape Sensitivity to Key Land Uses
G.9	Northumberland Key Land Use Impact Study Part D Landscapes Potentially Requiring Additional Protection
G.10	Northumberland Economic Strategy 2019-2024

H - Other Documents

H.1	Pre-Application Enquiry Response (planning reference: 18/00669/PREAPP) [16 October 2018]
H.2	NCA2 Northumberland Sandstone Hills
H.3	NCA5 Border Moors and Forests
H.4	The Landscape Institute’s Guidelines for Landscape and Visual Impact Assessment, Third Edition (GLVIA3)

I - Appellant's Appeal Documents

I.1	Appeal Form [7 January 2020]
I.2	Statement of Case by the Appellant [January 2020]
I.3	Proof of Evidence of Allen Creedy [February 2021]
I.3.1	Appendices to the Proof of Evidence of Allen Creedy [February 2021] ] (complete document)
	(split into separate appendices): I.3.1 Allen Creedy Proof Appendix 1 - Economic Impact Assessment I.3.1 Allen Creedy Proof Appendix 2 - Visitor Strategy I.3.1 Allen Creedy Proof Appendix 3 - Ecological Checking Study I.3.1 Allen Creedy Proof Appendix 4 - Letters of Support
I.3.2	Rebuttal of Allen Creedy [February 2021]
I.4	Proof of Evidence of Simon Hitchens [February 2021]
I.4.1	Appendices to the Proof of Evidence of Simon Hitchens [February 2021]
I.5	Proof of Evidence of Ros Southern [February 2021]
I.5.1	Appendices to the Proof of Evidence of Ros Southern [February 2021]
I.5.2	Rebuttal of Ros Southern [February 2021]
I.6	Proof of Evidence of Matthew Jarratt [February 2021]

J - Council’s Appeal Documents

J.1	Statement of Case by the Council
J.2	Proof of Evidence Gordon Halliday
J.2.1	Appendices to Proof of Evidence Gordon Halliday
J.2.2	Summary of Proof of Evidence Gordon Halliday
J.2.3	Rebuttal of Gordon Halliday
J.3	Proof of Evidence of David Stokoe
J.3.1	Appendices to Proof of Evidence David Stokoe
J.3.2	Summary of Proof of Evidence David Stokoe
J.3.3	Rebuttal of David Stokoe

K - Rule 6 Party’s Appeal Documents

K.1	Appeal Statement by Keep the Wannies Wild and appendices [February 2020]
K.2	Statement of Case by Keep the Wannies Wild and appendices 1-16 [December 2020]
K.3	Proof of Evidence of Jean Jones - Landscape
K.3.1	Appendices to Proof of Evidence Jean Jones - Landscape K.3.1 Appendix A K.3.1 Appendix B K.3.1 Appendix C
K.3.2	Summary of Proof of Evidence Jean Jones - Landscape
K.3.3	Rebuttal of Jean Jones (Landscape)
K.4	Proof of Evidence Jean Jones - Planning
K.4.1	Appendices to Proof of Evidence Jean Jones - Planning K.4.1 Appendix A K.4.1 Appendix B(i) K.4.1 Appendix B(ii) K.4.1 Appendix C K.4.1 Appendix D K.4.1 Appendix E K.4.1 Appendix F K.4.1 Appendix G K.4.1 Appendix H K.4.1 Appendix I K.4.1 Appendix J K.4.1 Appendix K K.4.1 Appendix L K.4.1 Appendix M K.4.1 Appendix N K.4.1 Appendix O K.4.1 Appendix P K.4.1 Appendix Q K.4.1 Appendix R K.4.1 Appendix S K.4.1 Appendix T
K.4.2	Summary of Proof of Evidence Jean Jones - Planning
K.4.3	Rebuttal of Jean Jones (Planning)
K.5	Proof of Evidence of Anne Palmer
K.5.1	Appendices to Proof of Evidence Anne Palmer K.5.1 Appendix A K.5.1 Appendix B K.5.1 Appendix C K.5.1 Appendix D K.5.1 Appendix E K.5.1 Appendix F K.5.1 Appendix G K.5.1 Appendix H K.5.1 Appendix I K.5.1 Appendix J K.5.1 Appendix K K.5.1 Appendix L K.5.1 Appendix M
K.5.2	Summary of Proof of Evidence Anne Palmer
K.6	Proof of Evidence of Emma Anderson
K.6.1	Appendices to Proof of Evidence Emma Anderson K.6.1 Appendix A K.6.1 Appendix B K.6.1 Appendix C K.6.1 Appendix D K.6.1 Appendix E K.6.1 Appendix F K.6.1 Appendix G K.6.1 Appendix H
K.6.2	Summary of Proof of Evidence Emma Anderson

L - Other Appeal Documents

L.1	Statement of Common Ground as between the Appellant and the Council [March 2020]
L.2	Section 106 Agreement between the Appellant and the Council [1 April 2020]
L.3	Pre-Inquiry Conference Agenda
L.4	Case Management Conference Summary Note [8 January 2021]
L.5	Suggested Site Visit Itinerary
L.5.1	Site Visit Route Plan
L.6	Cold Law Conditions
L.6.1	KTWW Suggested Conditions 9th Feb 2021
L.6.2	KTWW Additional Conditions March 2021
L.7	CIL Compliance Statement
L.8	Official Copy (Register) Official Copy (Plan)
L.9	Proposed Wind Farm Developments at Steadings, Ray Estate and Green Rigg Fell Inspector's Report and SoS Decision Letter on Steadings

M - Documents Submitted during the Inquiry

The following documents were submitted during the Inquiry.

M.1	Addendum to Gordon Halliday’s Appendix 2
M.2	Appellants opening statement
M.3	Council’s opening statement
M.4	KTWW opening statement
M.5	M Clark submission in support
M.6	Mr Milburn submission in support
M.7	Mr Swanson submission in support
M.8	Mr Blake submission in objection
M.9	Corsenside Parish Council submission in objection
M.10	Redesdale Society submission in objection
M.11	British Mountaineering Council submission in objection
M.12	Dr Maire West submission
M.13	Mary Ann Rogers submission in objection
M.14	R & J Barrett submission in objection
M.15	Figure 5 Rev A update
M.16	Gordon Halliday Note on LVIA Discussions
M.17	Simon Hitchens response on tri-radial cairns
M.18	Natural England – England’s Peatland Carbon Storage and greenhouse gases NE257 Section 1 NE257 Section 2 NE257 Section 3 NE257 Section 4 NE257 Section 5
M.19	KTWW Closing Submission
M.20	Council’s Closing Submission
M.21	Appellant’s Closing Submission

Government have introduced some temporary relaxations to the normal controls over setting up temporary campsites.

The ‘Pop-up’ Campsites and Car Parks - Planning Guidance for 2021 sets out a summary of the changes and answers some of the most common questions.

Due to the effects of the global Coronavirus pandemic, there have been some temporary changes to planning law. COVID -19 - Planning and Business Act 2020.

Certain permissions and consents that were due to expire in 2020 have now been extended.

Outline Planning Permission

Outline permission that would, or has expired between 19 August 2020 and 31 December 2020 is now automatically extended until 1 May 2021;
Outline permission that has expired between 23 March 2020 and 18 August 2020, will require an application for Additional Environmental Approval. If granted, outline permission will then be extended until 1 May 2021;
Any deadline for seeking the approval of reserved matters, which would otherwise or has expired between 23 March 2020 and 31 December 2020, is now automatically extended to 1 May 2021.

Planning Permission

Planning permission that would or has expired between 19 August 2020 and 31 December 2020 is now automatically extended until 1 May 2021;
Planning permission that has expired between 23 March 2020 and 18 August 2020, will require an application for Additional Environmental Approval. If granted, planning permission will be extended until 1 May 2021.

Listed Building Consent

All listed building consents with a time limit for implementation between 23 March 2020 and 31 December 2020 is automatically extended to 1 May 2021. If you would like written confirmation of this please follow the same procedure below for automatically extended planning permissions.
Listed building consents are not subject to a requirement to obtain Additional Environmental Approval.

Automatic extensions of time limit

You may wish us to provide written confirmation that the permission is extended. For a written confirmation of automatic extension of time please send an email quoting the planning application reference number with your name and full postal address to planning@northumberland.gov.uk. No fee is required. We are dealing with high volumes of work but will aim to provide you with a response within 7 working days of receipt. Confirmation can be requested up to 1 May 2021.

Additional environmental approval

For an Application for Additional Environmental Approval please email the information required to planning@northumberland.gov.uk. No fee is required. To provide you with a response in time we must receive your application no later than 2 December 2020.

The Gov.uk website provides further information on what you need to submit with your application.

Futher guidance

The Gov.uk website provides further guidance on the extension of certain planning permissions

Modification of construction working hours

A new fast-track system has been introduced, which will allow an applicant to apply to extend construction working hours on a development site, where this is currently subject to a planning condition. The provisions will be in place so that any extended working hours can remain up until 1st April 2021. After 1st April 2021, the original conditions over construction hours will resume. How to apply to extend construction working hours on a development site.

View the application form and further detail on the new route for applicants seeking to extend construction site working hours introduced in the Business and Planning Act.

The aim of the new temporary fast track deemed consent route under section 74B of the Town and Country Planning Act 1990 is to enable urgent changes to construction working hours to support safe construction working in line with the government’s latest social distancing guidance on construction and other outdoor work. For many construction sites, implementation of this guidance will require changes to working practices, including staggered starts and finishes, requiring different hours of operation to those which are currently permitted for the site through planning conditions. Local Authorities have 14 calendar days to determine such applications and no fee is required.

Application Form for Modification of Conditions relating to Construction Working Hours (Word document)

Please email the completed form to planning@northumberland.gov.uk. Note that applications can only be made electronically.

Visit the .gov.uk website for further guidance on the modification of planning conditions relating to construction working hours.

Guidance for our customers on the Planning Service during Coronavirus (COVID-19).

This information was last updated 19 July 2021.

There have been changes to how some of our services operate due to Coronavirus (COVID-19). For the latest up-to-date information please read our Planning Services Frequently Asked Questions - Covid-19 Guidance Document.

To submit an application please see our Apply for Planning Permission page.

ALERT: Validation delays. We are currently experiencing high volumes of work and as a result there are currently delays with Validation. We are working hard to get through the back log. All applications that are deemed valid will be registered from the date they were recieved. Thank you for your patience.

Questions and advice

Before contacting us please read the information on our planning webpages as these may answer your query. We cannot give you advice on whether or not permission is required over the phone or by email because it takes time and further detail to assess this properly, for step by step advice read our Do I need planning permission guidance.

Questions about specific applications should be directed to the Case Officer for that application. Their name can be found using the reference number on our Public Access system where you can also submit comments online. For anything else if you know the name of the person/team within Planning Services you need to contact please send your correspondence directly to them or view the email addresses for specific planning teams. If you are emailing us about a specific site or application please include the address/reference number so we can find it.

We are all looking forward to seeing pubs, cafes and restaurants open again.

On 22 February 2021 the Prime Minister published a roadmap for easing the lockdown restrictions. The letter received 5th March below highlights the measures now in place to support the safe re-opening of hospitality businesses, including:

Making it easier and cheaper for pubs, restaurants and cafes to continue to make al fresco dining a reality with outside seating, tables and street stalls to serve food and drinks.
Continuing to support local communities hold popular outdoor events like summer fairs, car-boot sales, and markets, without the need for planning permission.
The automatic right to provide takeaways and do deliveries we created at the start of the pandemic is going to continue, as will the right for pubs to have marquees and awnings without planning permission for up to two months.

View the letter from Ministry of Housing, Communities & Local Government - 5th March 2021

View the original Business and Planning Act implemented in 2020

If any business is considering making use of the new flexibilities they need to contact Planning Services at planning@northumberland.gov.uk as soon as possible and before they make any changes to how their property is used. We will put you in touch with the Licensing Team if this is also required when you ask us about Planning requirements.