Construction of a publicly accessible landmark at Cold Law, Kirkwhelpington,

Planning Statement

Ethical Planning (North East) Ltd February 2020

Ascendant: the Elizabeth Landmark Planning Statement

Responsibility Notice

We accept no responsibility of whatsoever nature to third parties to whom this report, or any part thereof, is made known. This Statement has been prepared by Ethical Planning (North East) Ltd with all reasonable skill, care and diligence within the terms of the contract with the client, incorporation of our General Terms and Condition of Business and taking account of the resources devoted to us by agreement with the client. Any such party relies on the report at its own risk.

Copyright Notice

This document is the property of Ethical Planning (North East) Ltd and may not be reproduced or used without permission

Client: Viscount T. Devonport

Author: JR

Approved for issue by: ARC

Revision History: V7

Version Filename Date Author Approved for Issue

V7 425_Elizabeth Landmark Planning Statement FINAL_260220 26/02/2020 JR ARC

Ethical Planning (North East) is a limited company registered in and Wales and trading as ethical partnership.

Commission Notice We have been appointed by Viscount T. Devonport

Contact for further information T: 00 44 191 209 2564 E: [email protected]

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Contents Section 1. Introduction 6 Applicant and Agent 6 Purpose of this Statement 6 Previous Application and Consultation with LPA 6 Conditional Permission 6 Supporting Information 6 2. Site Description and Surroundings 8 Introduction 8 Boundaries 8 Surroundings 8 Planning History 9 3. Area Context and History 10 Managed landscape, heritage and industry 10 4. The Proposed Development 13 Introduction 13 Proposed Development 13 Description of Proposed Development 13 Transport 14 Design and Art Form 15 Existing land uses 16 Landscaping, Boundary Treatment 16 Biodiversity Net Gain 16 Flood Risk and Drainage Strategy 16 Noise 17 Air quality 17 Material changes to the scheme 18 5. Transport 19 Introduction 19 Pre-Application 19 Baseline Survey 19 Findings of Report 19 Assessment of potential impacts 19 Mitigation 20 Conclusion 20 6. Ecology 21 Introduction 21 Pre-Application 21 Baseline survey 21

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Findings or report of survey 21 Assessment of potential impacts 22 Mitigation 23 Conclusion 24 7. Archaeology 25 Introduction 25 Pre-Application 25 Baseline survey 25 Findings or report of survey 26 Assessment of potential impacts 27 Mitigation 27 Conclusion 27 8. Landscape and Visual Impact 28 Introduction 28 Pre-Application 28 Baseline survey 28 Findings or report of survey 28 Assessment of potential impacts 29 Mitigation 29 Conclusion 29 9. Economic Impact 30 Introduction 30 Rationale 30 Findings of Report 30 Conclusion 31 10. Visitor Strategy 32 Introduction 32 Findings of report 32 Conclusions 32 11. Community Engagement 33 Introduction 33 Initial competition 33 Website, social media and online petition 33 Local press 33 Questionnaire 34 Letters of support 34 Community writing 34 Conclusion 34 12. Planning Policy Context 35 Introduction 35 National Planning Policy Framework (NPPF) 35 Achieving sustainable development 36

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Thematic Policies 38 Local Plan(s) 40 Emerging Local Plan 40 Other relevant strategic documents: Northumberland Economic Strategy 2019-2024 41 13. The Planning Case for the Development 42 Introduction 42 Principle of development 42 Economic benefits 43 Transport and accessibility 44 Landscape 44 Design principles 46 Ecology 47 Heritage assets 49 Summary 49 14. Planning Conclusions 50 Introduction 50 Accordance with local and national policies 50 Conditions 50 Additional information 50 15. Appendices 51 Appendix 1: Schedule of Information submitted in support of the application 51

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1. Introduction

Applicant and Agent Ethical Partnership has been instructed on behalf of Viscount T. Devonport to prepare a planning application for the construction on a publicly accessible landmark, commissioned to commemorate Queen Elizabeth II and the Commonwealth on land at Cold Law, near Kirkwhelpington, Northumberland. Purpose of this Statement Ethical Partnership has been commissioned to prepare and submit this planning application on behalf of Viscount T. Devonport; and as part of this to prepare this planning statement in support of the application. The purpose of this statement is to describe the proposed development, and then to summarise the benefits and demonstrate how the proposals accord with the relevant national and local planning policies. It will also describe the ways in which the development has evolved following consultation with the Local Planning Authority and other stakeholders. Previous Application and Consultation with LPA The scheme presented herein was the subject of an application for planning permission in 2019 (19/00247/FUL). In resubmitting this application, the applicant has sought advice from the Local Planning Authority on the scope, nature and scale of amendments to the previously submitted scheme. This planning application takes account of advice that has been sought and obtained from officers of the Local Planning Authority. Conditional Permission The Local Planning Authority is requested, wherever possible, to minimise the imposition of pre-commencement conditions to allow for the discharge of conditions in a phased manner. To that end, we would welcome early discussion in this regard. Supporting Information Engagement with stakeholders and dialogue with Local Planning Authority officers has informed the nature, extent and scope of the information being submitted in support of the application. Please see Appendix 1 for the drawings and documents that form the application submission. If the Local Planning Authority are of the view that additional information is required to inform the determination of the application, this will be provided as expeditiously as possible upon request.

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The applicant wishes to assist the Local Planning Authority to determine the application as expeditiously as possible and to this end members of the project team will attend meetings with officers as required.

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2. Site Description and Surroundings

Introduction Planning permission is sought for the construction of a landmark sculpture and associated development on land at Cold Law, north of the C195 road which links the A696 at Knowesgate with the A68 at Ridsdale. The sculpture (consisting of rock slot and blade) will sit on the summit of Cold Law, which reaches a height of 281m AOD. Other aspects of the scheme (access paths, viewing area, car park, blue-green infrastructure) are positioned purposefully at different levels on the topography of the hill in order to create a series of views and experiences. Boundaries The site boundaries are shown in red on drawing 1131_01 Site Location Plan. The site boundaries enclose the topographical form of Cold Law. When viewed on plan, the site is an irregular hexagon form, with the C195 forming the western boundary of the site, running in a SE – NW direction. The site area is approximately 9.5 hectares. Surroundings The site is located in open countryside. The surrounding area is primarily open grassland, which is used for grazing. Immediately adjacent to the NW site boundary is a stone sheep fold typical of the farming and agricultural heritage of the area. To the north of the site is the historic (disused) North British Railway, beyond which is further open countryside comprising a patchwork of fields, wooded areas and Lisless Burn. To the east, the historic North British Railway follows the topographical form of the area; beyond which is woodland and a number of wind turbines. Beyond this is a collection of buildings associated with the Ray Estate, further open grassland and wooded areas. To the south, the C195 continues in a Northwest-Southeast direction and bisects the open land comprising the site, Stiddlehill Common and Hepple Heugh. South of the C195 is Risey Burn. Historic map analysis also reveals a former quarry site between the C195 and the site boundary. To the west is the C195 road which is bounded by a combination of post and wire fencing and dry stone wall. Stiddlehill Common and Chesterhope common lie between the site and the nearest settlement at Ridsdale, located on the A68 approximately 2km east-south-east of the site.

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Figure 2.1 – Site Location

Planning History A desk-based search of planning applications and permissions pertaining to the application site has identified the following application for planning permission (referenced above in paragraph 1.4.1): Date Proposal Location Reference Decision July 2019 Construction of a publicly accessible Land at Cold Law, 19/00247/FUL Refused landmark, commissioned to Kirkwhelpington, commemorate Queen Elizabeth II and the Northumberland Commonwealth

There are no other known applications for planning permission on the site. In the surrounding area, applications for planning permission include development such as the erection of a bungalow (T/78/E/685); opencast extraction of coal (T/84/E/319); construction, operation and decommissioning of a wind farm generating station of 60MW capacity (T/20051528); and alterations and amendments to the existing farmhouse and the conversion of existing attached barn building to provide additional living accommodation for the farm house, with the demolition of existing redundant farm buildings (17/04641/FUL).

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3. Area Context and History

Managed landscape, heritage and industry Northumberland is a predominantly rural county, which borders (north), the North Sea (east), the Tyne & Wear conurbation and County Durham (south) and Cumbria (west). The county covers Northumberland National Park, Kielder Forest Park, the Northumberland Coast Area of Outstanding Natural Beauty (AONB), as well as a portion of the North Pennines AONB1. The application site is located approximately 5km to the east of the Northumberland National Park Boundary. The site lies in Parish, within which the main current settlement is at West Woodburn, just under 4km northwest of the application site. There is some archaeological evidence of human activity in this area from the Neolithic and Bronze Age periods; and a large body of evidence demonstrating Roman settlement in and defence of the area2 3. The county’s proximity to the Scottish border means it has seen much conflict in its history4. The Northumberland landscape has also been shaped by thousands of years of traditional farming including raising sheep and cattle, with the notable practice of “hefted” flocks that pass from one farm tenant to their successors5. The area surrounding the application site hosts open moorland grazing, the built evidence of which can be seen in the stone wall sheep fold located adjacent to the north-west boundary of the site. The area has also hosted ‘heavier’ industrial and commercial processes. The Wansbeck Section of the North British Railway was a single-track railway line running between Morpeth and Reedsmouth, the outline of which is still visible on aerial photographs of the area. Whilst there was some passenger use of the line, its primary function was mineral transportation. The earliest sections opened in 1862; passenger services were discontinued in 1965. The line closed in 19666, 7, 8. Historic map analysis (see p12) also reveals a number of (disused) quarries in the vicinity, as well as an ‘Old Ironstone Workshop’9. Stone from the quarry was used in Princes Street in Edinburgh10. More recently, Stiddle Hill has been the site of opencast coal extraction (ref: C/84/E/319 APPEAL). Lord Armstrong established his first ironworks adjacent to the site and the remains of its historic engine house at Ridsdale are a visible and enigmatic reminder of Northumberland’s industrial past, a short-lived venture yet with a lasting legacy. The construction of the

1 https://www.northpennines.org.uk/what_we_do/about-us/where-is-the-north-pennines/ 2 http://www.keystothepast.info/article/10339/Site-Details?PRN=N13013 3 Corsenside Parish Plan 2007 http://www.parish-council.com/CorsensideParishCouncil/index.asp?pageid=107075 4 https://www.visitnorthumberland.com/history-heritage 5 https://www.northumberlandnationalpark.org.uk/about-us/looking-after-the-park/farming/ 6 https://en.wikipedia.org/wiki/Wansbeck_Railway 7 https://www.railscot.co.uk/Wansbeck_Railway/index.php 8 https://en.wikipedia.org/wiki/Rothbury_Branch 9 https://maps.nls.uk/geo/explore/side-by-side/#zoom=14&lat=55.1632&lon=-2.1490&layers=1&right=BingHyb 10 Corsenside Parish Plan 2007

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Ridsdale Ironworks led to the creation of the nearby settlement of Ridsdale to house workers brought into this remote area and produced pig iron for the construction of Robert Stephenson’s High-Level Bridge in Newcastle. Sir Charles Parsons was a former owner of the Ray Estate, which covers the land on which the proposals would be sited. Sir Charles Parsons is famed for his turbine blade design, which revolutionised marine engines and led to his factories in the North East of England employing more than 12,000 people. There are a number of heritage assets within 5km of the site; the closest have been identified below:

Asset Heritage Category List Entry National Grid Approx. Distance Number Reference from EL

Ridsdale Iron Works Scheduled Monument 1006420 NY 90901 84637 1.8km W

Furnace House at Ridsdale Grade II Listed 1304070 NY 90919 84718 1.8km W Iron Works

Univallate hillfort on Great Scheduled Monument 1011102 NY 93178 83378 2km SE Wanney Crag

Romano-British farmstead Scheduled Monument 1011111 NY 94701 84055 2.3km SE 1.4km north-west of Ferneyrigg

Romano-British farmstead, Scheduled Monument 1011103 NY 95105 84485 2.5km SE hut-circle and co-axial field system 1.3km north-west of Ferneyrigg

Round cairn, 1.2km NNW of Scheduled Monument 1011109 NY 95687 84784 2.9km E Ferneyrigg

Harewalls Grade II Listed 1154021 NY 92560 876703 1.7km N

Corsenside Parish War Grade II Listed 1441618 NY 89758 86034 3km NW Memorial, West Woodburn

More recently, the area has seen the introduction of wind turbines in two locations: on the Ray Estate, to the east of the site (Ref: T/20051528); and at Green Rigg, to the southwest of the site (Ref: T/20060040). The heritage and archaeological assets have been considered within the supporting archaeology surveys (see Section 7 for a summary of these). Therefore, the surrounding landscape, whilst rural, is a managed landscape that has hosted many commercial and industrial processes over a long timespan.

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Figure 1: Northumberland LXIX.NW OS Six-inch England and Wales, Published 1898 (above)

Figure 2: Side by side OS One Inch 1885-1900 Outline (left) and Bing Hybrid aerial mapping (right)

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4. The Proposed Development

Introduction The proposal is for the construction of a publicly accessible landmark, commissioned to commemorate Queen Elizabeth II and the Commonwealth, Land at Cold Law Kirkwhelpington Northumberland. The landmark will sit within a landscape plan for the site and minimal associated development: access road, a car park, pedestrian paths, and viewing area. Proposed Development The Town and Country Planning Act 1990 defines development as: “(1) Subject to the following provisions of this section, in this Act, except where the context otherwise requires, “development,” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.”11 The Landmark would comprise a material change in the use of land from open grazing pasture to an art installation. Associated with this, a small car park and access road would be constructed, as well as a viewing area and pedestrian paths. Planning permission would therefore be required to construct the sculpture and its anchoring foundations, to undertake the works associated with extracting material from the rock slot, and creating the car park, road and pedestrian paths. Description of Proposed Development The proposed development is for a publicly accessible landmark. The sculpture itself is a blade-like form, fabricated from CorTen steel, tilted due south and anchored into the hillside. Owing to the angle of the structure, the tip of the blade form would sit at a height of 55m above the baseline level of the summit of the hill. The blade form itself is approximately 85m in length. The underside is flat; the upper side is curved to match the topographical profile of the hill. The two sides feature a series of angled lateral fins which change in pitch and frequency as they rise up the sculptural form. The proposal includes: • New highway access • 17 permanent parking spaces (with 2 No. accessible bays), 13 overspill parking spaces, coach parking • Dry Stone Shelter Wall, integrated seating, litter bins, cycle storage and site interpretation. • Access route and circular path including crossing points and wayfinding • Visitor Viewing Area (10 x 12m) • Sculpture and foundations (opportunity for rack and pinion elevator)

11 http://www.legislation.gov.uk/ukpga/1990/8/section/55

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• Rock Slot • Lighting (as required by Defence Infrastructure Organisation) • Landscaping, seeding and biodiversity improvements • SuDS Basin • Swale The design has developed in collaboration with the client, artist, ecologists, landscape designers, structural & civil engineers & archaeologists. The design gives due regard to the comments and advice received from Local Planning Authority officers. The site area is 9.5 hectares. It spans the topographical form of Cold Law. The sculpture would sit on the summit of the hill. The development includes a new vehicular access together with parking and footpaths, which lead to the sculpture and viewing platform.

Figure 3: Artist’s development sketch of the proposed sculpture, rock slot, viewing area and paths

Transport The proposals would result in a new vehicular access point being created from the C195 road onto the site. There are no pedestrian footways on C195, although there are grass verges on either side of the carriageway. Car parking (17 permanent spaces and 13 overspill) would be provided on the site. In addition to this, a dedicated area for coach parking will be included, as well as cycle parking.

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The County Highways Authority provided pre-application advice regarding the nature and scope of information required in support of a planning application. The County Highways Authority were also consulted on the previous application (19/00247/FUL). The transport aspects of the scheme which is the subject of this planning application have not materially altered to those which were the subject of the previous planning application. The County Highways Authority considered the plans for the access and car parking arrangements to be acceptable in line with the requirements of TLDP Policy GD4 and the National Planning Policy Framework. It is considered therefore that the proposals contained herein are still acceptable in policy and safety terms. Design and Art Form This proposal is atypical in that it seeks permission for a sculpture rather than a building. As such, and given its location, the form, scale, mass and materials do not reference adjacent or proximate buildings, but rather have been developed to reflect and reveal key landscape, archaeological and historical influences. The design is for a corten blade which exactly mimics the scale and form of the thin slice that will be cut through the top of Cold Law. The blade will be angled such that it faces due south and points to the sun at its zenith on Midsummer’s day, thus reinterpreting a sundial gnomon. The form, scale, mass, materials and siting of the sculpture reflect the significant design influences taken from the local area: o Hepple Heugh: a distinctive topographical form 750m south of the proposed sculpture, the summit of which is at a height of 336m AOD; which the tip of the blade would match exactly.

o Queen Victoria Cairn: a stone formed monument located on the Northside of the Lisle Burn Valley, erected to commemorate the Diamond Jubilee of Queen Victoria in 1897. The height of this cairn is identical to that of Hepple Heugh at 336m AOD.

o Astronomical Markers - Tri-radial Cairns: archaeological stone artefacts found in and throughout the Ray Estate, thought to be constructed in the Bronze Age as astronomical markers of the Winter Solstice. The ‘Sundial’ aspect of the sculpture echoes these heritage assets, with the tip of the blade also marking the zenith of the Summer Solstice, as well as The Queen’s Birthday.

o Sir Charles Parsons: a former owner of the Ray Estate, famed for inventing the multi-stage steam turbine with distinctive lateral fins, the structure of which are reinterpreted in the blade design.

o Lord Armstrong: established his primary ironworks just West of the site; what remains of the engine house at Ridsdale indicates the area’s industrial heritage and was recently funded a grant for stabilisation works. This has informed the materiality of the designs.

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o Landscape context: the topography of Cold Law and the earthy, umber tones found in the landscape are directly referenced in the shape and colour of the Corten blade form.

Thus, the design has been created to match the exact scale and dimensions of its location, Cold Law; to provide a mass of equal material presence and absence; and to reference local industries and natural surroundings in its materiality, as well as being of sufficient structural integrity. The landscape plan, and the pedestrian paths and viewing area, are an integral part of the design which have been developed to guide visitors to and around the rock slot and sculpture. For further details on the design, please refer to the Design and Access Statement which accompanies this application. Existing land uses The Ray Estate-owned land around the landmark is open grassland, currently used for grazing, in addition to being mapped as access land under the CRoW Act 2000. The proposed development would have some impact on these uses around the Cold Law hill itself, but grazing could still take place on lower land; and the public access rights to the land would be maintained. There is potential for the sculpture to become a walking destination or waymarking point in the CRoW land. Landscaping, Boundary Treatment The site lies within a wider grassy area that is not ‘clearly defined’ on all sides by boundaries – albeit there is a low stone wall to the south of the site – and the intention is that it will remain as such, to preserve the open nature of the landscape. However, there is an existing post and wire fence that bounds the verges of the C195 road. It is anticipated that this will be preserved, apart from an opening for the new site access road. Biodiversity Net Gain The scheme will deliver biodiversity net gains in the medium-long term through sensitive management and implementing the planting scheme, SuDS and habitat creation outlined in the landscape strategy plans and design notes. Flood Risk and Drainage Strategy The rural setting and topography of the site mean that flood risk on the site itself is not a considerable risk. However, the scheme designs have taken due cognisance of the water resources within and proximate to the site, with regard to the potential for habitat creation. A series of measures have been integrated into the landscape strategy: • Creation of a SuDS basin with permanent water • Swale separating car park and SuDS basin • Preservation of existing marshy area and drainage ditches

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• Boardwalks over the ditches to connect areas of pedestrian paths and minimise impact of increased footfall on water courses The proposals have been designed to protect and enhance the existing water resource with reference to biodiversity potential and will therefore not have an adverse effect on flooding on the site or elsewhere. Noise Available data for noise has been reviewed12 and has shown that there is currently no air monitoring at the site or nearby. The site does not lie within a defined Noise Important Area. Given the rural location, the sparsity of development and population, the topographical features and the proliferation of trees and other planting, it is assumed that there is minimal noise and therefore no measurable effects. It is anticipated that the proposed development would result in slightly elevated noise levels from their current baseline levels. This would be primarily linked to vehicular movements and pedestrian use of the site. During the operational phase, this may vary according to season and weather patterns as visitor numbers increase or decrease accordingly. There are no proposals for any sound installations, nor for any buildings or plant, thus limiting potential noise. The most significant noise source will be machines and plant during the construction phase. Notwithstanding the distance between the site and the nearest residential dwellings, hours of operation can be conditioned or provided within a Construction and Environmental Management Plan to minimise disturbance. It is also assumed that following the advice set out in the submitted ecology report and the conditions recommended by the County Ecologist will minimise any potential impacts on non-human Noise Sensitive Receptors. Air quality Available data for air quality has been reviewed 13 14 15 and has shown that there is currently no air quality monitoring at the site or nearby. The site does not lie within an Air Quality Management Area (AQMA). Given the rural location and the proliferation of trees and other planting, it is assumed that the local air quality is good. The proposed development results in passive provision of a sculpture, car parking and landscaping with no additional facilities that could in and of themselves generate air quality impacts. During the operational phase, it is anticipated that the proposed development would result in slightly elevated levels of localised pollution arising from vehicular trip generation. This may vary according to season and weather patterns as visitor numbers increase or decrease accordingly. However, given the overall context of air quality in the local area, this is not considered to be significant.

12 http://extrium.co.uk/noiseviewer.html 13 http://extrium.co.uk/noiseviewer.html 14 https://www.airqweb.co.uk/Main# 15 https://www.northumberland.gov.uk/Protection/Pollution/Air.aspx

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The construction phase may result in some minor localised air quality impacts with the introduction of plant and machinery. This will be controlled through a Construction and Environmental Management Plan. Overall, the construction phase is not considered to have a significant impact on air quality. It is considered that there will be minimal effects on Sensitive Receptors. Material changes to the scheme This application is effectively a resubmission of the scheme previously considered under 19/00247/FUL. The material differences to the scheme are outlined below: • Additional SuDS to include a greater volume of standing water • Additional biodiversity improvements through adjusted seeding mix and greater seeded area • Path surfacing amendments: o Eastern radial path to be a grass seed mix with occasional stone for stability o Western radial path to be site-won bound aggregate o Steps between approach path legs using site-won stone • Additional seating to north east portion of radial path and the bends of the approach path from the car park • Additional signage boulders to add to educational aspects of the interpretive journey towards the sculpture In addition, further studies have been conducted to support this application; namely, an Economic Impact Assessment; and a Visitor Strategy. A more comprehensive Design and Access Statement and Statement of Community Engagement have also been prepared.

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5. Transport

Introduction SAJ Transport consultants were commissioned to undertake a transport assessment and design an appropriate new vehicular access to the site. Pre-Application Pre-application discussions and a formal pre-application enquiry have informed the nature and extent of the supporting information submitted with this application. Baseline Survey The survey reviewed existing transport provision including an assessment of traffic on the C195 road. Additionally, visitor attractions in the Northumberland area were reviewed to set appropriate parameters for access and parking requirements. Findings of Report The proposed development site is adjacent to the C195 road, a single track public road that connects the A696 at Knowesgate in the east to the A68 at Ridsdale in the west. The C195 has no footways or street lighting. There are, however, grass verges on either side of the carriageway. The landscape to the north of the site has a dense network of public footpaths, bridleways, cycle paths and recreational routes. The site is also located on open access land under the Countryside and Rights of Way Act 2000 The proposed development includes the creation of a new vehicular access from the C195 into the application site. This access leads to an area containing permanent parking (17 spaces, of which 2 are accessible), overspill parking (13 spaces), coach parking area, and cycle parking. These parking spaces are arranged around a teardrop shaped turning loop which connects to the access road. The proposed plans have been devised in conjunction with a Transport Consultant following pre-application advice from the Local Planning and Highways Authority. Assessment of potential impacts The Transport Statement authored for the planning application sets out the key issues as • Ensuring suitable access arrangement given the current siting of the road and the topographical form of the site • Ensuring a sufficient level of car parking to minimise the risk of vehicles parking on the public highway (C195). These issues have been addressed within the design, demonstrated in the Transport Statement. The proposed development would lead to an increase in traffic using the C195; however, the transport statement concluded that the development proposal has no severe impact

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on the surrounding road network and therefore is acceptable, it should be supported from a highways and transport perspective. Mitigation The impacts of the introduction of a car park into the landscape have been mitigated through landscape design to minimise the visibility of the car park. The access road has been designed to provide greater than required visibility. During construction, plant and other machinery entering or leaving the site will be operated in line with a Construction Management Plan and a Construction Method Statement. The council has indicated that it is satisfied with the plans and assessment submitted in support of this scheme. Conclusion There will be some impact on the surrounding highway network; however, the Local Authority has indicated that the local network is able to cope sufficiently and that car parking provision is adequate. Therefore the proposals comply with national and local policies.

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6. Ecology

Introduction E3 Ecology were commissioned to undertake an ecological appraisal of the site. Pre-Application Pre-application advice received from Northumberland County Council in 2018 indicated that Ecological Surveys would be required prior to determination of a planning application, comprising three elements: 1) Desk study; 2) Extended Phase 1 Habitat Survey; 3) Assessment. In addition, the following policies were highlighted as being relevant: • District Local Plan (2000) o Policy NE19 Protection of Internationally Important Nature Conservation Sites o Policy NE20 Protection of Site of Special Scientific Interest o Policy NE21 Protection of Sites of Nature Conservation Importance o Policy NE26 Protection of Habitats of Special Importance to Wildlife o Policy NE27 Protection of Protected Species • Tynedale Local Development Framework Core Strategy (2007) o Policy NE1 Principles for the natural environment • National Planning Policy Framework (NPPF) (2018)16 • National Planning Practice Guidance (NPPG) (2014, as amended) Baseline survey E3 Ecology Ltd were commissioned to undertake an Ecological Appraisal of an area of land on the Ray Estate, between Ridsdale and Kirkwhelpington. This consisted of a desk study, Phase 1 Habitat Survey walkover, and assessment against local and national policies and legislation. Findings or report of survey Consultation with the MAGIC website17 indicated that the site is not near to any Sites of Special Scientific Interest (SSSIs) or within an impact risk zone for this type of development. Nearby European protected species licences have been granted for a range of bat species. The site lies within the moorland line but there are no Special Protection Areas (SPAs) within 10km. Simonside Hills SAC is around 10km away. The Environmental Records Information Centre North East (ERIC NE) indicated that the site lies adjacent to The Wanneys and Aid Moss Local Wildlife Site, with four other LWSs within 2km. Local records include otter, white clawed crayfish, a range of bat species, adder, common lizard, badger, brown hare, hen harrier, small pearl bordered fritillary, large heath, and a good range of

16 Amended in February 2019 17 www.magic.gov.uk

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upland and mire plant species. Fresh water pearl mussel is present down-stream of the catchment. Ecological Appraisal in December indicated that the site is dominated by acid grassland with areas of wet and dry heath, marshy grassland, semi-improved acid grassland and continuous bracken. Drainage ditches are present in a number of areas. Assessment of the survey results suggest that the site is of local value for the habitats it supports, such habitats being common in the local area. The survey area comprises an open and exposed mosaic of upland habitats of low suitability to a number of species/species groups such as bats, badger, otter, red squirrel, that if present are likely to only utilise the survey area on occasion. The lack of standing water within or adjacent to the site leads to the conclusion that great crested newts are likely to be absent. The survey area provides abundant habitats for ground nesting birds and is likely to support a suite of locally common species such as meadow pipit, skylark and curlew, though it holds the potential to form part of the territory of scarcer species such as short eared owl. Given the abundance of similar habitat in the local area the survey area is considered likely to be of local ornithological value. The survey area provides habitat for reptiles, and adder have been recorded on the boundaries of the site. Given the abundance of similar habitats in this area of north Northumberland the survey area is considered to form part of a network of habitats of up to district value to the species, with the actual development footprint considered to be of lower value. The watercourse downstream of the site holds the potential to support white clawed crayfish and they are known to be present in the wider catchment. Fresh water pearl mussel are present downstream at West Woodburn. No other protected or priority species are likely to be affected by the proposals. The proposed development is not predicted to have any impacts on statutory/non-statutory sites. Assessment of potential impacts Potential impacts of the development are anticipated to include: • Loss of acid grassland and associated habitats including areas of dry heath to the Landmark, to car parks, access routes and to the areas of hard standing required for construction. • Risk of harm to nesting birds, reptiles and amphibians during site clearance. • Risk of harm to freshwater habitats, including streams used by white clawed crayfish, and down stream populations of fresh water pearl mussel through silt and contamination during both construction and operation. • Increased disturbance through visitors to the site and their dogs

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Mitigation Key mitigation measures include: • Working areas will be minimised, and restored to appropriate upland habitats when no longer required. • An ecological clerk of works will be appointed to provide on-site advice at key stages of construction including: site clearance, SuDS construction, construction of areas of temporary and permanent hard standing, and habitat creation post construction. • Vegetation clearance will be undertaken outside of the bird nesting season (March to August inclusive) unless a checking survey by a suitably experienced ornithologist confirms the absence of active nests, and outside the hibernation period for reptiles. • Any excavations left open overnight will have a means of escape for mammals that may become trapped in the form of a ramp at least 300mm in width and angled no greater than 45°. • Standard good practise will be followed to maintain water quality and quantity during construction and operation. A SuDS pool will be created to capture construction drainage. • Areas required for car parking will be graded from hoggin for areas required for frequent use, to aggregates with grass cover for over-flow parking areas that may be required for particular events. By using a range of site won aggregate types a range of habitats from acid to calcareous will be created. • Drainage will be designed along SuDS principles, with the aim of using natural wetlands in the local area to slow flows, settle out sediments and increase mire habitats. • Excavations into bedrock will be designed to create roosting opportunities for bats and birds, hibernation sites for reptiles, and niches for plants, mosses and lichens. • Habitats in the vicinity of the Landmark will be returned to a more natural mosaic by reducing drainage and grazing pressure, with mixed cattle and sheep grazing equivalent to 0.5 livestock units between May and July only. • Within the survey area, approximately 60ha, existing drainage ditches will be blocked to promote mire and pool creation, increasing the naturalness of the habitats that provide the setting to the Landmark. • Small patches of native woodland and scrub will be planted to increase habitat diversity. • Two barn owl boxes will be provided in areas of suitable habitat. • Post construction, opportunities will be taken to return land to low nutrient substrates influenced by a range of rock types including whin, carboniferous limestone and magnesian limestone. This will promote plant diversity, and reflect the range and diversity of plant communities associated with verges elsewhere on the estate. • To maintain locally appropriate plant communities seeding will be undertaken primarily through natural regeneration, with nurse crops where required.

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• It is recommended that ecological monitoring is undertaken and used to update the information that is available to visitors to the site, and hence increase the educational value of the site. Conclusion The proposed development (with agreed mitigation) is compliant with the relevant policies. As part of this, the applicant will provide draft Heads of Terms for legal agreements to the council.

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7. Archaeology

Introduction The Bamburgh Research Project were engaged to produce a Desk Based Assessment and Archaeological Visual Impact Assessment (compiled December 2018-January 2019); and a Trial Trench Evaluation (compiled March-April 2019). Pre-Application Pre-application advice received from the council in October 2018 indicated that: “The proposed development is located in a wider archaeological landscape containing known archaeological sites of prehistoric and later date. A proposed application of this scale has the potential to have an indirect (visual) impact on the setting of the scheduled monuments in the wider area and a direct (physical) impact on potential below ground archaeological remains. As a result the future application will require: • A Visual impact Assessment which demonstrates the indirect (visual) impact of the proposed development on the setting of the scheduled monuments in a 3km radius of the site • A desk-based assessment including a detailed walkover survey followed by geophysical survey (if appropriate) and trial trenching in order to assess the direct (physical) impact on potential below ground archaeological remains.” Baseline survey The Bamburgh Research Project were engaged to produce a Desk Based Assessment and Archaeological Visual Impact Assessment (compiled December 2018-January 2019); and a Trial Trench Evaluation (compiled March-April 2019). Desk Based Assessment and Archaeological Visual Impact Assessment: The work has been undertaken in accordance with a Written Scheme of Investigation compiled by the BRP in November 2018. The OASIS reference number is bamburgh1-339892. All work was carried out in compliance with the codes of practice of the Certified Institute for Archaeologists (CIfA 2014) and followed the CIfA Standard and Guidance for Historic Environment Desk-Based Assessments (CiFA 2014) and Historic England’s the Setting of Heritage Assets Historic Environment Good Practice Advice in Planning, Note 3 (Second Edition) 2017. Archaeological Trial Trench Evaluation: The work was undertaken in compliance with a WSI prepared by BRP in March 2019 and in order to fulfil a requirement for an archaeological evaluation in advance of the consideration of the planning application. The evaluation comprised the investigation of 480m2 of the site area within thirteen trial trenches located to investigate the areas most likely to be impacted by the footprint of the landmark feature and car park and construction area and also distributed to provide a representative sample of the site. All work was carried out in compliance with the codes of conduct of the Certified Institute for Archaeologists (CIfA 2014) and will follow their Standard and Guidance for Excavation (CIfA 2014) and Field Excavation (CIfA 2014).

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Findings or report of survey Site Walkover: The site was examined on the 29th December 2018. Cold Law is a relatively isolated and distinctive topographical mound located within an upland landscape. Lower than much of the surrounding topography, its location and shape nevertheless combine to make it rather stand out. A series of small rock outcrops are are exposed from mid height, up to, and including the summit and a small cairn of stones, 1.5 to 2 m across, is present on the north side of the summit (Plate 2), which is a relatively flat plateau of modest area. The exposed stones are weathered and show many cup-like small depressions, none of which appear to be good candidates for deliberately sculpted cup marks. One of the stones has a distinct linear rill running down the west side from its top in a manner reminiscent of some standing stones in the county (Plate 3). In this case, as with most others, it appears to be natural phenomenon and the result of weather of a weakness in the stone. A shallow scoop-like feature is present just off the summit to the north-east (Plate 4). It is not well defined and a little on the small side to represent a roundhouse, it nevertheless may be a suitable candidate for later investigation. A distinct plateau below the summit is also present on the north-east side. There are no earthworks visible on it and its orientation would be against it as a settlement site. Elsewhere the mound is relatively steep and not at all suitable for settlement activity. Archaeological Visual Impact Assessment: It is clear from the study of the heritage landscape within the study area and even beyond in the vicinity of the /A68 corridor that the varied topography of this upland environment means that the new landmark will have limited visibility. The new car park and access route will have a very modest visual impact indeed as they will lie at a sufficiently low level within the area to quickly be obscured in most directions. Even from the higher ground to the north-west along the Dere Street/A68 corridor the scale of the new landmark and the distances involved will very substantially reduce any visual impact. The landmark itself represent a much taller intrusion, but is of very modest cross section. As such it will be visible from much further afield than the features at its base, and is indeed designed to be so visible, but will not at all represent an obscuring feature and will have a very limited impact on the perception of the heritage landscape in the round. Trial Trench Evaluation: Subsoil was somewhat variable and likely of glacial origin, on the summit area, perhaps unsurprisingly, it comprised frost fractured rock with silt and sand layers only present in the lower lying areas. Subsoil in the lower area of the proposed car park was of this silt and sand glacial material with evidence of gleying due to the height of the water table. Topsoil was thin throughout being in the order of 200mm to 300mm maximum. The cairn on the summit of Cold Law is very modest in size and does not represent a larger, and mostly buried, feature such that it seems quite plausible that it is not of great age. The scooped feature, identified during the site walk over, proved to be of natural origin and likely one of a number of uneven depressions in the immediate area of the summit and perhaps glacial in nature. There are no features or finds to indicate anthropogenic activity on the site at Cold Law, which despite its rather dramatic appearance does not seem to have attracted any settlement or ritual activity.

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Assessment of potential impacts The proposed new landmark does not lie within an area of high archaeological potential. The presence of a cairn and a scooped feature, on or close to its summit are worthy of some additional investigation along with the general investigation of the areas that will be subject to disturbance and alteration by the construction process. It seems unlikely though that below ground archaeological features of real significance will be encountered. A study of the visual impact of the new landmark on the wider heritage landscape, including a series of view points associated with the scheduled monuments and the listed buildings within its 3 km study area suggests only a very modest potential for impact. The individual nature of most of the features and their siting within the landscape aids in diminishing the potential for impact. The one clear exception being the hillfort at Wanney’s Crag which is clearly located with inter visible sight-lines. In this case the proposed role of the new landmark and it being a modern continuation of a long tradition of publicly visible monuments, that includes the hillfort itself, can been seen as adding to rather than detracting from the wider heritage landscape. The cumulative effect of the addition of the new landmark with regard to the pre-existing heritage landscape will therefore be of modest impact and could be seen as to a degree beneficial rather than harmful. Mitigation In previous consultation with the County Archaeologist, no additional mitigation was considered necessary, subject to the development being undertaken in accordance with the submitted plans and statements. Conclusion The proposed development is therefore considered to conform to the relevant national and local policies through sensitivity to the heritage assets – and through revealing a greater archaeological history of the area.

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8. Landscape and Visual Impact

Introduction Southern Green Ltd (Chartered Landscape Architects) were commissioned to undertake a Landscape and Visual Impact Assessment (LVIA) to accompany the planning application for a public landmark to be known as Elizabeth Landmark, at Cold Law Hill, Kirkwhelpington, Northumberland. Pre-Application Northumberland County Council provided pre-application guidance in October 2018, in which Northumberland National Park – Planning Department (a statutory consultee) requested that a Landscape Visual Impact Assessment should be undertaken to accompany any future planning application. The following policies were highlighted as being relevant: • Tynedale District Local Plan (2000) o Policy GD2 Design Criteria for all Development • National Planning Policy Framework (NPPF) (2018) • National Planning Practice Guidance (NPPG) (2014, as amended) Baseline survey The LVIA seeks to provide an understanding of the baseline landscape and visual conditions of the site and surrounding area, in order to determine likely effects which may arise as a result of the development and highlight mitigation measures to reduce, offset or compensate for such impacts. The LVIA provides a combined approach, which considers landscape and visual issues separately in order to gain an holistic understanding of the impact of the proposed landmark on landscape and visual receptors. The baseline situation is considered before the likely environmental effects of the development are identified, including the construction phase. Baseline findings are used to inform the emerging design in order to avoid or reduce impacts where possible. Mitigation measures are then identified to reduce any remaining unavoidable negative effects before the residual effects are assessed. The assessment has concentrated on a 5km radius study area, centred on the proposed landmark. The assessment is intended to provide a factual account of the predicted landscape and visual effects of the proposed development and has not been written with a particular planning outcome in mind. Findings or report of survey This study assessed views from a wide range of viewpoints and then identified several key views (Viewpoints 4, 7 and 14) that were selected for more accurate scrutiny of visual effects using photomontages. The key driver for selection of these views was to consider views from the most

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sensitive recreational receptors and views both towards and from the Northumberland National Park whose boundary is around 4.5km from the site at its closest point. Assessment of potential impacts The landscape character area contains a number of highpoints such as escarpments and craggy outcrops creating a landscape of vantage points and long views. Northumberland has a long tradition of hill forts and castles being sited and built to be seen as much as to function in a military fashion, and then a post-medieval tradition of landscape monuments. While the development is adding a modern landmark to the landscape, the landscape will remain open in character and the history of the area will remain available for interpretation. The site itself and the hillock have not been identified as an area of particular historical or archaeological interest. Of the 16 representative viewpoints assessed, four were found to have no view, three were found to have minor effects, and six were found to have moderate/ minor effects. Viewpoint 1 and View 7 were found to have moderate visual effects, and View 2 was found to have substantial/ moderate effects which could be considered significant, however this was due to the close proximity to the landmark. Mitigation The car park, access road and paths have been designed using the mitigation recommendations in section 5. The proposed design measures including drystone walling with earth bunding have successfully reduced visual effects and the measure will help to minimise visibility of the carpark in the landscape. It will be critical to ensure an appropriate design response is carried through to detailed design stage. Residual visual effects will include the visual effects of vehicles parked at the site, albeit the shelter walls will partly conceal vehicles other than coaches. The applicant is content to accept conditions relating to the landscaping treatment for the site. Conclusion The slender form of the landmark means that from most aspects it occupies a narrow part of the view and does not disrupt views over the landscape, and its curved form, derived from the topography of Cold Law, helps the feature to sit well in this landscape context while still performing as a deliberate focus for views. The development is therefore compliant with relevant local and national policies.

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9. Economic Impact

Introduction ERS Research & Consultancy was commissioned to prepare an economic impact assessment of the proposed Elizabeth Landmark sculpture. The report draws largely on a desk-based review of high-profile public art installations, including any impact assessments that have been undertaken. Few detailed and comprehensive economic impact assessments could be found online for individual sculptures, although news stories and reports quote data which allow some insights. However, full economic impact assessments were found of sculpture parks, sculpture festivals and monuments. Rationale The Economic Impact Assessment has been prepared as a basis for measuring the economic benefits of the Landmark to the local and wider Northumberland economy. The National Planning Policy Framework (NPPF) paragraph 8 states that: “Achieving sustainable development means that the planning system has three overarching objectives, which are interdependent and need to be pursued in mutually supportive ways (so that opportunities can be taken to secure net gains across each of the different objectives):”

One of the three objectives is the economic objective: “to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure […]”.

Findings of Report Given the uniqueness of the proposal, it is difficult to quantify the potential impacts of the Elizabeth Landmark. Considerations include likely visitor types (i.e. day visitors, visiting friends and relatives, holidaymakers in paid accommodation), displacement (assessing what would have been spent in the county anyway, but is instead being spent proximate to this location) and the relationship between spending figures and the resulting Gross Value Added and Full-Time Equivalent employment. Allowing for the possibility that some visitors will purposefully visit the Landmark as a priority whereas others will simply add it onto a trip or journey, the report finds that the following benefits are likely over a ten-year period: • £3.35 million additional visitor spending • £1.43 million additional GVA • 10.59 jobs (8.12 Full Tim Equivalent), which translates to 72.49 additional FTE job years over the ten year period.

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The major economic impact of large-scale public art is often as a pre-cursor to other regeneration activity and/or as a statement of intent/ambition. In this regard, it is difficult to see what other development the Landmark might promote but it would undoubtedly attract local, national and international media attention, from which Northumberland would derive benefits. Conclusion Whilst the uniqueness of the proposal in terms of design and location makes it difficult to draw exact comparisons, available data and analysis suggest that the proposed development would result in net economic benefits to the Northumberland economy through additional spending, GVA and job creation; and could act as a catalyst to other investment.

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10. Visitor Strategy

Introduction A Visitor Strategy has been prepared which seeks to understand the likely behavioural patterns of those visiting the sculpture. This has been based on data for similar attractions and other sites in Northumberland, taking differences in geographical location, transport, and facilities into account. Findings of report The purpose of the Visitor Strategy is to: • Place the proposed visitor attraction in its local context • Describe the marking and promotion assumptions upon which the predictions for the profile of visitors is based • Outline the considerations for the management of the Landmark during its operational phase as a visitor attraction Whilst it is assumed that the primary mode of transport used to access the site will be private car (and some coach trips), there are a number of other recreational routes in close proximity to the site that may facilitate walking and cycling. Additionally, there are several facilities within 5km of the site which may benefit from additional patronage, notably overnight accommodation options in West Woodburn. These could be used as a base for a walk with the Landmark as the destination. Upon grant of planning permission, a suitable organisational vehicle for site maintenance will be created and appropriate agreements put in place to ensure the operational phase of the development is in accordance with planning conditions. It is anticipated that there will be seasonal variation in the number of visitors. This will be accounted for in the site management plan and implemented by the organisation responsible for site maintenance. Ongoing marketing and promotion would provide opportunities for maximising the potential economic benefits of the landmark, particularly in conjunction with other nearby heritage, leisure and visitor attractions. Conclusions The Elizabeth Landmark will provide a passive visitor attraction. Notwithstanding this, appropriate measures for maintenance, promotion and connecting to existing recreational opportunities will be implemented during the operational phase.

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11. Community Engagement

Introduction A Statement of Community Engagement accompanies this application for planning permission. It details the engagement activities undertaken by the applicant and project team throughout the design and planning process. The key points are summarised below. Initial competition Three artists were invited to present designs for a competition in 2018. These designs were then made available to view in a series of public exhibition events, where members of the local community were invited to give feedback on their preferred design. A judging panel then took this feedback into consideration when making the artist selection for the project. The public were able to view the proposals over the following dates (totalling 34 days): 9 – 15 May: Kirkwhelpington Village Hall 15 – 23 May: Otterburn War Memorial Hall 24 May: Woodburn Village Hall (functions as Corsenside Parish hall) 25 May – 3 June: St. Cuthbert’s Church, Corsenside 4 – 12 June: West Woodburn Primary School Overall, approximately half of respondents indicated that Simon Hitchens’ design Ascendant was their preferred option. Simon was selected to be the artist for the project. Subsequently, a showcase of Simon’s work was displayed at one of the 2019 Cheeseburn Sculpture open weekends – which included drawings and a model of the Elizabeth Landmark design. The staff at Cheeseburn received positive feedback about Simon’s work. Website, social media and online petition A dedicated website for the project was set up on 4th March 2018. This contains information on the project, including on the three shortlisted artists and their design proposals. The website has attracted nearly 6,000 unique visitors since March 2018. In addition to information on the project, the website has a ‘News and Press’ section, details of how to contact the project team, and since January 2020 has hosted an online petition to pledge support for the project. This information has also been disseminated through social media. The social media platform generated statistics indicated 190 fans. A total of 130 people signed the online petition demonstrating their support for the scheme. Local press Seven news articles were featured in local and national news publications. An additional news article was published in the Northumberland Gazette on 30th January in response to an earlier article. The total cumulative estimated reach of the articles was 1,983,225 readers (online).

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Questionnaire The questionnaire which was undertaken parallel to a series of news items in local and national press revealed a 75% approval rating of the scheme overall. This was based on a majority of the 251 respondents being from Northumberland. Letters of support 46 individuals wrote letters of support for the scheme. Of these, 24 were from Northumberland, 11 from the wider North East region, 10 from the rest of the UK and 1 was a notable artist based in the USA. Community writing There are opportunities for ongoing engagement as part of the Elizabeth Landmark Project which would aim to maximise the cultural potential of the scheme as a tool for heritage, landscape and arts education. In particular, New Writing North has been identified as a potential partner in delivering this. West Woodburn Primary school indicated that they were interested in follow up involvement with the project through future creative writing sessions. Conclusion The applicant has exceeded the required consultation with stakeholders and the community (refer to Section 2 of the Statement of Community Engagement) in undertaking these activities. Whilst it is acknowledged that there is some objection to the scheme, the above clearly indicates that there is demonstrable support for the scheme and its potential benefits from both within Northumberland and the wider North East region.

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12. Planning Policy Context

Introduction This section outlines the principal planning policies that pertain to the proposed scheme. It is important to note that the thematic survey reports and assessments submitted in support of this application contain further additional information and further details of other relevant policies. In England, there is a hierarchical structure of policy covering national and local planning. At a national level the National Planning Policy Framework (NPPF) sets out the Government’s planning policies and how these are expected to be applied. At a local level, development plans set out planning policy for the area. Section 70(2) of the Town and Country Planning Act 1990 and Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that applications for planning permission must be determined in accordance with the statutory development plan unless material considerations indicate otherwise. The NPPF is a material consideration in the determination of planning applications and must be taken into account in accordance with section 38 of the Act 2004. National Planning Policy Framework (NPPF) The National Planning Policy Framwork (NPPF) sets out the Government’s planning policies for England and how these should be applied. It provides a framework within which locally-prepared plans for housing and other development can be produced. Planning law requires that applications for planning permission be determined in accordance with the development plan, unless material considerations indicate otherwise. The National Planning Policy Framework must be taken into account in preparing the development plan, and is a material consideration in planning decisions. Planning policies and decisions must also reflect relevant international obligations and statutory requirements. The NPPF states at paragraph 7 that the purpose of the planning system is to contribute to the achievement of sustainable development. At a very high level, the objective of sustainable development can be summarised as meeting the needs of the present without compromising the ability of future generations to meet their own needs. Achieving sustainable development means that the planning system serves three overarching roles; an economic role, a social role and an environmental role. The roles should not be undertaken in isolation as they are mutually dependent, and the planning system should play an active role in guiding development to sustainable locations. Whilst applications must be determined in accordance with the development plan, the NPPF sets out a presumption in favour of sustainable development. For decision making this means; • Approving development proposals that accord with the development plan without delay; and

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• Granting planning permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework taken as a whole. The NPPF should be given considerable weight in determining this application based on; • The purpose of planning should be to contribute to the achievement of sustainable development (paragraph 6) • Planning policies should promote an effective use of land, while safeguarding and improving the environment (paragraph 11) • Planning must operate to encourage growth and not act as impediment. Significant weight should be placed on the need to support economic growth through the planning system (paragraph 19) • Local planning authorities should approve development proposals that accord with the development plan without delay (paragraph 14) • Paragraph 17 sets out the core planning principles which should underpin both plan- making and decision-taking including: o Planning should proactively drive and support sustainable economic development to deliver the business and industrial units that this country needs o Planning should take account of the different roles and character of different areas, promoting the vitality of our main urban areas o Where practical and consistent with other objectives, allocations of land for development should prefer land of lesser environmental value o Encourage the effective use of land by reusing land that has been previously developed, provided that it is not of high environmental value and encourage multiple benefits from the use of the land o Actively manage patterns of growth and focus significant development in locations which are or can be made sustainable. • To help achieve economic growth local planning authorities should plan proactively to meet the development needs of businesses • Local planning authorities should approach decision-taking in a positive way to foster the delivery of sustainable development (paragraph 186) and look for solutions rather than problems in their approach to decision taking (paragraph 187) • In assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development. Achieving sustainable development Paragraph 7: The purpose of the planning system is to contribute to the achievement of sustainable development. At a very high level, the objective of sustainable development can be

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summarised as meeting the needs of the present without compromising the ability of future generations to meet their own needs. Paragraph 8: Achieving sustainable development means that the planning system has three overarching objectives, which are interdependent and need to be pursued in mutually supportive ways (so that opportunities can be taken to secure net gains across each of the different objectives): a) an economic objective – to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure; The proposed development is therefore key to the economic regeneration and security of the wider employment area. It is therefore compliant with the policies of the adopted and emerging Development Plan. b) a social objective – to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well-designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities’ health, social and cultural well-being; and c) an environmental objective – to contribute to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy. Paragraph 9: These objectives should be delivered through the preparation and implementation of plans and the application of the policies in this Framework; they are not criteria against which every decision can or should be judged. Planning policies and decisions should play an active role in guiding development towards sustainable solutions, but in doing so should take local circumstances into account, to reflect the character, needs and opportunities of each area. Paragraph 10: So that sustainable development is pursued in a positive way, at the heart of the Framework is a presumption in favour of sustainable development (paragraph 11). Paragraph 11: Plans and decisions should apply a presumption in favour of sustainable development. For plan-making this means that: a) plans should positively seek opportunities to meet the development needs of their area, and be sufficiently flexible to adapt to rapid change; b) strategic policies should, as a minimum, provide for objectively assessed needs for housing and other uses, as well as any needs that cannot be met within neighbouring areas5, unless: i. the application of policies in this Framework that protect areas or assets of particular importance provides a strong reason for restricting the overall scale, type or distribution of development in the plan area6; or

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ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole. For decision-taking this means: c) approving development proposals that accord with an up-to-date development plan without delay; or d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date7, granting permission unless: i. the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed6; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.

Thematic Policies The following thematic policies from the National Planning Policy Framework are relevant to this proposal: Paragraph 127: Planning policies and decisions should ensure that developments: a) will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping; c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities); d) establish or maintain a strong sense of place, using the arrangement of streets, spaces, building types and materials to create attractive, welcoming and distinctive places to live, work and visit; e) optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development (including green and other public space) and support local facilities and transport networks; and f) create places that are safe, inclusive and accessible and which promote health and well- being, with a high standard of amenity for existing and future users; and where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion and resilience. Paragraph 170: Planning policies and decisions should contribute to and enhance the natural and local environment by:

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a) protecting and enhancing valued landscapes, sites of biodiversity or geological value and soils (in a manner commensurate with their statutory status or identified quality in the development plan); b) recognising the intrinsic character and beauty of the countryside, and the wider benefits from natural capital and ecosystem services – including the economic and other benefits of the best and most versatile agricultural land, and of trees and woodland; c) maintaining the character of the undeveloped coast, while improving public access to it where appropriate; d) minimising impacts on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures; e) preventing new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of soil, air, water or noise pollution or land instability. Development should, wherever possible, help to improve local environmental conditions such as air and water quality, taking into account relevant information such as river basin management plans; and f) remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate. Paragraph 189: In determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting. The level of detail should be proportionate to the assets’ importance and no more than is sufficient to understand the potential impact of the proposal on their significance. As a minimum the relevant historic environment record should have been consulted and the heritage assets assessed using appropriate expertise where necessary. Where a site on which development is proposed includes, or has the potential to include, heritage assets with archaeological interest, local planning authorities should require developers to submit an appropriate desk-based assessment and, where necessary, a field evaluation. Paragraph 193: When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation (and the more important the asset, the greater the weight should be). This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance. Paragraph 197: The effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non-designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset. Paragraph 200: Local planning authorities should look for opportunities for new development within Conservation Areas and World Heritage Sites, and within the setting of heritage assets, to enhance or better reveal their significance. Proposals that preserve those elements of the setting that make a positive contribution to the asset (or which better reveal its significance) should be treated favourably.

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Local Plan(s) Northumberland County Council is currently in the process of creating a new Local Plan. At present, the adopted development plan comprises: • Tynedale Local Development Framework Core Strategy (2007) (TLDFCS) • Tynedale District Local Plan (2000) (TDLP) The following policies are applicable to this application: Tynedale Local Development Framework Core Strategy (2007) • BE1 Principles for the built environment • GD1 General location of development • GD4 Principles for transport and accessibility • GD5 Minimising flood risk • NE1 Principles for the natural environment • EDT1 Principles for economic development Tynedale District Local Plan (2000) • GD2 Design criteria for all development • GD4 Range of transport provision for all development • GD6 Car parking standards outside built up areas • NE19 Protection of internationally important nature conservation sites • NE20 Protection of sites of special scientific interest • NE21 Protection of sites of nature conservation interest • NE26 Protection of habitats of special importance to wildlife • NE27 Protection of protected species • TM4 New tourism development in the open countryside Emerging Local Plan The Northumberland Local Plan Pre-Submission Draft (Regulation 19) (January 2019) does not yet constitute part of the Statutory Development Plan, as it has not yet been formally adopted. However, the policies contained therein provide information on the strategic and spatial priorities of Northumberland County Council up to 2035 and as such, the coherence or conflict of the proposed development with the emerging plan policies should be considered a material consideration. The policies which are material to this application are set out below: • ECN15 Tourism and visitor development • QOP1 Design Principles (strategic policy)

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• TRA4 Parking provision in new development • ENV2 Biodiversity and geodiversity • ENV3 Landscape • ENV4 Tranquility, dark skies and a sense of rurality • ENV7 Historic environment and heritage assets • WAT3 Flooding Other relevant strategic documents: Northumberland Economic Strategy 2019-2024 The Northumberland Economic Strategy 2019-2024 is relevant to determining this application, as it relates to the economic objective of the planning system outlined in the NPPF paragraph 8 – “to help build a strong and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure”. The aim of the Northumberland Economic Strategy is to build on the existing energy and growth in the tourist sector and to capitalise on the assets of the County. The strategy seeks to raise the tourism profile of Northumberland, regionally, nationally and internationally as a place acknowledged for its creativity and world class visitor offer. The North East LEP published the first version of its Strategic Economic Plan (SEP) in April 2014. This was refreshed in 2019.

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13. The Planning Case for the Development

Introduction The application for planning permission is accompanied by the supporting information identified as required by the Local Planning Authority in discussions prior to submission. The nature, extent and scope of the supporting information is in accordance with the advice and recommendations given by officers of the Local Planning Authority. The design of the scheme and scope of the submitted proposals has been conceived with the ambition of satisfying all the relevant local and national planning policies. All planning applications must be determined by the Local Planning Authority in accordance with the development plan unless material considerations indicate otherwise. In arriving at a decision, the Local Planning Authority are required to comply with Section 38 (6) of the Planning and Compulsory Purchase Act 2004 and the relevant Town and Country planning Acts. This section: • summarises the evidence that demonstrates how the development proposals accord with national planning policies • summarises the evidence that demonstrates how the development proposals accord with the statutory development plan • confirms there are no material considerations in the determination of the planning application that should lead to the application being refused • confirms that the implementation of the scheme would deliver significant public benefits This section assesses the conformity of the proposals against the development plan and other material considerations (as set out above in the previous section) under the following headings: • Principle of development • Economic benefits • Transport and accessibility • Landscape • Design principles • Ecology • Heritage assets Principle of development TLDFCS Policy BE1 sets out the principles to protect and enhance the built environment and to ensure the built environment is managed and developed in a sustainable way to allow for future enjoyment of the district and its resources. Policy BE1 also provides a framework for relevant Departments within the Council and other organisations to provide encouragement and advice to

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developers on a range of issues. It also promotes the development of public art within the Tynedale area, for which these proposals have been submitted. The proposed development has evolved and taken due cognisance of the district’s historic features and their setting. As part of this application, a suite of supporting information has been submitted including a number of Archaeology reports, a Landscape and Visual Impact Assessment and a Design and Access Statement. This submitted information details the ways in which the proposals have taken account of the local archaeological, heritage and landscape context in the evolution of the art proposals. Given the unusual nature of the proposal, these have been the key drivers behind the design, rather than (for example) architectural cues from adjacent buildings. The detailed design stage will provide further information on construction, waste and safety measures. Based on the criteria that are applicable in this instance, it is considered that the proposals comply with TLDFCS Policy BE1 and should be supported on that basis. TLDFCS Policy GD1 sets out the principles that will apply to the location of all development, unless that development is specifically covered by development plan policies. In the open countryside, development is to be limited to the re-use of existing buildings. However, this is in conflict with Policy BE1 section g) which advocates the provision of public art in the district. Given that the proposed development is not for a building, but rather for the provision of public art which would also support the strategic tourism aspirations of the county, it is considered that on balance the proposals are acceptable and should be supported with reference to policy GD1. Economic benefits The National Planning Policy Framework specifies that one of the objectives of the planning system is to deliver decisions through which economic development and stability can occur. TLDFCS aims to support a buoyant and diverse local economy. It identifies that although there is no need for significant numbers of additional jobs to be created, it is important to make sure that adequate opportunities exist to improve the quality and range of employment available. TLDFCS acknowledges that the rural economy continues to change and there is a need to support the diversification of the local economy. TLDFCS identifies that sustainable tourism based on the high- quality environment, historic features and cultural heritage of the area is particularly important. Policy EDT1 emphasises the need to support tourism as an important aspect of the local economy and to allow “new tourist development where appropriate in order to increase the range, quality and type of facilities available to tourists”. In so doing, it does not specify what those facilities should be. The proposals contained herein comply with TLDFCS Policy EDT1 as they would provide a new, unique and novel visitor attraction that is distinctive from – and complementary to – the existing tourism offer in the Tynedale district and Northumberland as a whole. TDLP Policy TM4 provides criteria which, if met, make tourism development acceptable, including ensuring development does not have an adverse effect on long-standing job opportunities and community facilities in existing settlements, nor on the managed agricultural landscape or viability of a farm business. (Clause A deals with landscape issues, which are addressed below).

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The proposals will not adversely affect job opportunities or the viability of farm businesses in the area. The Economic Impact Assessment submitted with this application has demonstrated that, although the exact extent is currently difficult to measure, adopting the precautionary approach it is estimated that the landmark would add £3.35m additional visitor spending, 1.43, additional GVA, and 72.49 additional FTE job years over a ten year period. The proposals would therefore facilitate development with associated benefits in the tourist economy. The proposals therefore comply with the above policies; with the economic objective specified in the NPPF; and with the Northumberland Economic Strategy 2019-2024. On that basis they should be supported. Transport and accessibility Policy GD4 of the TDLP indicates that development proposals will be required to conform to the following criteria: (a) safe access to the site and to the classified road system should be secured; and (b) the development should not create levels of traffic which would exceed the capacity of the local road network or create a road safety hazard; and (c) adequate links, access to and provision for public transport systems should be incorporated within the layout of the site. Large development sites will be required to provide access for public transport; and (d) consideration must be given to pedestrians and cyclists within the development site. Convenient, direct and safe routes should be provided. Policy GD6 of the TDLP indicates that outside the existing built up areas of , Haltwhistle, Prudhoe and Corbridge and on allocated or other Greenfield housing sites on the edge of these built up areas, car parking provision will be required to be made in accordance with the relevant car parking standards. There are no specific standards published for innovative development of this sort. The designs have evolved with due cognisance of transport and highway safety considerations. The Transport Statement which accompanies the application has demonstrated compliance with all relevant safety standard as well as local and national policies. The design of the car park is based on analysis of existing facilities across the region and the proposals are justified on that basis. In addition, the Design and Access Statement and Visitor Strategy demonstrate that there may be alternative access options to the site via existing leisure routes. Moreover, the landscape design has been created to enable DDA compliance, thereby creating access to outdoor leisure experiences for people with a wide range of mobility needs and abilities. This would enable increased access into the landscape. The proposals can therefore be taken as compliant with relevant national and local policies. Landscape Landscape is a concept that has many competing ideas associated with it and no singular definition; however, it concerns the intersection between the environment and human

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perception of that environment. As detailed in Section 3: Area History and Context, the landscape in which the development site sits is one with a mixed rural and industrial history. Whilst it is rural, i.e. it is not urban, it is not ‘wild’ but rather is a managed landscape and has been under the influence of human activity for thousands of years. It is also crucial to recognise therefore that the influence of a development on the landscape is always subjective to a certain degree; this is particularly relevant in this case where the development would introduce a piece of public art, rather than a building. TLDFCS Policy NE1 sets out the criteria which will be used to test development proposals so that they ‘protect and wherever possible enhance the character and quality of the natural environment generally, with particular protection to designated sites and areas’. Policy TM4 of the TDLP indicates that in the open countryside, outside the Green Belt and the North Pennines AONB, proposals for small scale new build tourism development will be permitted where the following criteria are met: “(a) the proposal can be absorbed into the landscape by taking advantage of natural features such as existing tree cover and/or the topography of the site and surroundings”. NPPF Paragraph 127 states that “Planning policies and decisions should ensure that developments: c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities)” NLPPSD Policy ENV3 provides criteria against which development proposals should be assessed with particular reference to the contribution of the Landscape to Northumberland’s environment, economy and communities. In designing the sculpture, the artist has referenced the exact topography of Cold Law, as well as other visible and invisible influences from the local landscape. This has led to a design that is specific to and intended for this particular location. This design has then been independently tested by chartered members of the Landscape Institute to assess its impact on the landscape. As part of the previous application for planning permission, Northumberland County Council commissioned an independent study to verify the findings of the Landscape and Visual Impact Assessment submitted by the applicant. This independent study found that the LVIA was robust and reasonable. The prescient points of the LVIA are included below. It is reasonable therefore to consider that the impact on the landscape is of a nature that is considered acceptable. The LVIA demonstrates that the site is located in Landscape Character Type 8: Outcrop Hills and Escarpments and lies within Landscape Character Area 8g Sweethope and Blackdown. Key characteristics of this Area include distinctive scarp hills with rocky outcrops, open, relatively remote areas of uninterrupted sweeping moorland and historic features particularly concentrations of settlements, cup and ring marked features. The hills are a distinctive feature of the Northumberland landscape, and have valuable landscape features which remain in good condition. The approach for this landscape should be to manage development, while maintaining the distinctive landform and moorland areas. The LVIA assessed the impact of the proposal on the intrinsic landscape character by an analysis of the ways in which the landscape would change when viewed by categories of stakeholders –

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collectively described as ‘receptors’. The receptor viewpoints ranged from close proximity to the proposed sculpture up to a distance of 6km. In addition to this, viewpoints (see table 1 below) were selected which tested the visibility of the proposed landmark from different; directions, distances and receptor types. The effects on the landscape during construction and at completion were also assessed. The LVIA identifies that the main change to the character of the landscape would be the effect of introducing the sculpture, associated access and parking into the open rural landscape. It demonstrates that as a result of this there would be a direct but slight (i.e. acceptable) erosion of landscape features with the removal of some existing surface vegetation on site. The LVIA also demonstrates that the development would be of such a limited scale, that the change will be of ‘low magnitude’ in the context of the local and wider landscape character areas. The LVIA identifies that the construction of the sculpture would result in only minimal direct landscape impacts and that it would bring about only a minor change in landscape character in relation to the wider character area. The LVIA demonstrates that the key characteristics of the national and local landscape character areas would not be harmed, and the proposal would not disrupt the stated management guidelines for the local landscape character type: Outcrop Hills and Escarpments. The LVIA also demonstrates that the landmark sculpture has some similarities in its slender verticality to the existing wind turbines that are seen extensively in the surrounding landscape. Indeed, the LVIA advises that change to the landscape should be assessed as being beneficial in a variety of ways including through the greater appreciation of the landscape. At the heart of Policy NE1 of the TDLDFCS is the aim to protect and enhance the character and quality of the landscape. The proposed landmark itself is very tall as it is intended be noticed and seen from long distances. The finishes to the structure will be a combination of earth tones and matt finish of the Corten material and, given this, will not appear incongruous when set within the landscape. The slender form of the landmark, with its use of curves and its tilting nature to follow the topography of the hill would help the piece to sit at ease in the landscape. The design does indeed recognise the intrinsic character and nature of the countryside. This section quite clearly demonstrates the ways in which the landmark sculpture has been conceived and designed. It explains the ways in which the landscape character, the topography, the industrial heritage and the land uses have been used to influence the design. These influences have been used by the designer in the same way as an architect uses the influence of the site, the place and adjacent structures. Design principles Policy GD2 of the TDLP indicates that development will be required to respect the positive characteristics of the District’s natural, built and historic environment, and provides criteria against which this can be assessed. Similarly, the Northumberland Local Plan Pre-Submission Draft Policy QOP1 Design Principles (Strategic Policy) sets out the principles of design and how applications for planning permission will be assessed against this. In particular it specifies the following:

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“2. Proposals will be supported where design: a. Makes a positive contribution to local character and distinctiveness and contributes to a positive relationship between built and natural features, including landform and topography; b. Created or contributes to a strong sense of place and integrates the built form of the development with the site overall, and the wider local area; d. Respects and enhances the natural and built environment, including heritage, environmental and ecological assets, and any significant views or landscape setting” The designs have evolved with a significant amount of research and detailed understanding of the local area, landscape, topography, geology and history. The drivers are explored in section 4.5 of this statement. These are: • The height of Hepple Heugh and the topography of the surrounding area • The presence of the Queen Victoria Cairn • Archaeological landscape features: Tri-Radial Cairns as astronomical markers • Sir Charles Parsons’ influence on the area • Lord Armstrong’s influence on the area • The Landscape context, including topography, colour and geology. These design elements have been brought together to create the art form of the sculpture. The viewing area which sits adjacent to the sculpture further references the influences of the Commonwealth and Queen Elizabeth II. In doing so, it ties together much of the past two centuries of the area’s history. Public art by its very nature provokes a subjective and often emotional reaction – for some people, this is positive and affirming; for others, negative. However, it has been demonstrated that the proposals contained in this application have evolved to take account of the precise location in which it is sited. Indeed the artist Simon Hitchens noted that “this sculpture could not be simply moved elsewhere; it could only have come about in and for this precise location”. The proposals have also taken due consideration of the role of that tranquillity and dark skies plays in Northumberland Whilst it is acknowledged that these proposals cannot easily be appraised in the same way as a building, they have been carefully considered and designed as a response to the landscape, heritage and identity of the place. Moreover, the educational aspects of the scheme, including the walkway through the rock slot, engage visitors in an immersive journey which helps them to understand the landscape and the history of the area. The proposals should therefore be considered as being compliant with the relevant design policies. Ecology An appraisal of the ecological value of the site was commissioned by the applicant and undertaken by 3e Ecologists Ltd. The consultants undertook an appraisal of the site in December 2018, including a Phase 1 Habitat Survey. The extent of the area surveyed was beyond that which

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was included within the red line boundary. The desk study which formed part of the ecological appraisal included an assessment of land-use in the surrounding area. It also included a search for evidence and records of species within a distance of 2km from the appeal site. The ecological appraisal demonstrates that the site is dominated by acid grassland with areas of wet and dry heath, marshy grassland, semi-improved acid grassland and continuous bracken. Drainage ditches are present in a number of areas. This assessment work shows that the site is only of local value for the habitats it supports, such habitats being common in the local area. As outlined in the appraisal the proposed development is not predicted to have any impacts on statutory/non statutory sites. The appraisal demonstrates that provided the avoidance, mitigation and enhancement strategies recommended by the appraisal are implemented, adverse effects will be of no more than local significance and the proposal would deliver a net benefit to biodiversity in the medium and long term. Any loss of existing habitats would be small scale and short term. The proposal includes habitat creation and biodiversity enhancement which would, in the medium term, offset any short-term loss. In previous consultation with the council (through the pre-application enquiry and discussions and the previous application), there have been no objections on ecology grounds subject to a number of planning conditions being imposed and a legal agreement being completed. The applicant is content with accepting condition and the requirement for a legal agreement to assure the delivery of mitigation. The applicant owns adjacent land outside the Red Line Boundary which could be used for further biodiversity and wildlife corridor improvements. A draft Section 106 Heads of Terms will be provided to the council separately18. Additionally, the landscape architects have made a number of amendments to the scheme design to improve biodiversity, including: • Additional SuDS to include a greater volume of standing water • Additional biodiversity improvements through adjusted seeding mix and greater seeded area • Path surfacing amendments: o Eastern radial path to be a grass seed mix with occasional stone for stability The exact specifications of these elements of the scheme can be submitted to the Local Authority following a grant of planning permission. Subject to the provisions outlined above the proposed landmark sculpture conforms with TDLDFCS Policy NE1, TDLP policies NE3, NE19, 20, 21, 26 and 27 and paragraphs 8 and 170 of the NPPF.

18 It is not appropriate to include this within the publicly available planning documents owing to the sensitive legal nature of the HoT.

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Heritage assets A full assessment of heritage assets has been made by both the artist and by Bamburgh Research Project in support of this application. Following the pre-application advice from the Council, the Bamburgh Research Project undertook a Desk Based Assessment (DBA) and Archaeological Visual Impact Assessment (AVIA) for the site. The archaeology reports also detail the trial trench surveys that were undertaken. The two reports together provide a thorough assessment of the archaeological evidence in the vicinity of the site and considers the potential for encountering and impacting on archaeological material that might result from the proposed construction of the new landmark. The reports assess the visual impact of the scheme on the heritage landscape, including with respect to the settings of historic assets within the vicinity of the site. The reports demonstrate that the proposed new landmark does not lie within an area of high archaeological potential. The reports are of the view that it is unlikely that below ground archaeological features of real significance will be encountered. When consulted for the previous application, the County Archaeologist recommended that “no further archaeological work is required in connection with this scheme”. It is therefore considered that the supporting information submitted within this application for planning permission is robust and sufficient to demonstrate compliance with national and local policies (NLPPSD Policy ENV7; and NPPF Paragraphs 189, 193, 197, 200). The proposed landmark sculpture conforms with TDLP Policy BE28 and NPPF Section 16, in particular paragraphs 192 [c]; “In determining applications, local planning authorities should take account of: c. the desirability of new development making a positive contribution to local character and distinctiveness.” The application provides an innovative interpretation of the built, natural, economic and social history of the area. It has evolved with reference to specific aspects of the geological record; of the ritual practices of ancient peoples; of the history of the monarchy over the past two centuries; and of the impact of the commonwealth and industrial revolution on the region – without compromising existing designated heritage assets, as demonstrated in the LVIA and the AVIA. The proposed development therefore complies with the relevant national and local policies. Summary It has been shown that the development as proposed accords with the current development plan for Tynedale District and the emerging plan for Northumberland.

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14. Planning Conclusions

Introduction This section brings together the information presented within this planning statement and provides a reasoned conclusion for the approval of this planning application. The proposed development will provide an innovative piece of public art bespoke to the application site, in line with policy for the Tynedale District; and in doing so, will help support the tourism economy, attracting further investment to the local areas. Accordance with local and national policies Whilst the development is of an unusual nature, this statement has demonstrated that there has been no less care taken in the design evolution of the scheme than if it were for a piece of innovative architecture. The artist has taken cues from the landscape, the history of the area and the topographical context of Cold Law. The sculpture has been designed specifically for this landscape, and has the potential to add to public understanding of it through educational aspects of the scheme and promoting outdoor leisure opportunities. The proposed sculpture provides a complementary attraction that will sit within the network of art, landscape, history and other visitor facilities within Northumberland. The reports submitted as part of this application and summarised in this planning statement demonstrate that the development will carry net benefits across economic, social and environmental objectives – and that any impacts arising from the development can be suitably mitigated. The proposed development has been designed with regard to relevant national and local planning and environmental policies, ambitions and aspirations and will assist in achieving many of the objectives contained therein. As demonstrated in this statement the proposal represents a sustainable development and given this it is supported by national planning policy. The material considerations that pertain to the application have been identified. This has included demonstrating that there are no material considerations which would prevent the approval of the application. It is therefore respectfully requested that the proposal be approved as submitted. Conditions The applicant would respectfully request the opportunity to review the wording of any draft conditions which are to be imposed on a permission. Additional information In the event that additional information, clarification, or further details concerning the proposed development is required during the determination period the applicant is prepared to provide this on request. The applicant wishes to continue to work with the Local Planning Authority to ensure the application can be determined as expeditiously as possible. To this end, we are content to attend meetings as required by officers.

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15. Appendices

Appendix 1: Schedule of Information submitted in support of the application DOCUMENT DRAWING No. AUTHOR/ DATE FILE TITLE ORGANISATION PLANNING CONSULTANTS 1 Planning Statement Ethical Partnership February 2020 425_Elizabeth Landmark Planning Statement FINAL_260220 2 Design & Access Statement (incorporating Ethical Partnership February 2020 425 - DAS_260220 - Final Artist’s Public Art Proposal) (and Simon Hitchens) 3 Visitor Strategy Ethical Partnership February 2020 425_EL_Visitor Strategy_180220 4 Statement of Community Engagement Ethical Partnership February 2020 425_Statement of Community Engagement_FINAL_260220 ARTIST’S PROPOSALS – DESIGN AND CONSTRUCTION 5 Construction Strategy Statement Simon Hitchens January 2019 425_FUL-CONSTRUCTION_STRATERGY_STATEMENT LANDSCAPE ARCHITECTS – PLANS, DRAWINGS AND REPORTS 6 Location Plan 1131_001 Southern Green Landscape January 2018 425_LOCATION_PLAN Architects 7 Landscape and Visual Impact Assessment Southern Green Landscape January 2019 425_LVIA_REPORT Architects 8 LVIA Figures (Part 1) Southern Green Landscape January 2019 425_LVIA_FIGURES_PART_1 Architects 9 LVIA Figures (Part 2) Southern Green Landscape January 2019 425_LVIA_FIGURES_PART_2 Architects 10 LVIA Figures (Part 3) Southern Green Landscape January 2019 425_LVIA_FIGURES_PART_3 Architects 11 Landscape Precedents – Car Park Surfacing Southern Green Landscape January 2019 425_CAR_PARK PRECEDENT and Edging Architects 12 Concept Sketch – Car Park Indicative Sketch Southern Green Landscape January 2019 425_CAR PARK CONCEPT SKETCH Architects 13 Landscape Strategy – Car Park Area 1131_101 Rev B Southern Green Landscape January 2019 425_Landscape Strategy - Car Park Area Architects

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14 Existing and Proposed Sections 1131_110 Rev A Southern Green Landscape January 2019 425_Existing and Proposed Sections Architects 15 Existing Topographical Survey 1131_010 Southern Green Landscape January 2019 425_TOPOGRAPHICAL_SURVEY Architects 16 Landscape Precedents – Integrated Furniture Southern Green Landscape January 2019 425_INTEGRATED FURNITURE Architects 17 Landscape Strategy 1131_100 Rev B Southern Green Landscape January 2018 425_LANDSCAPE_STRATEGY (Rev B) Architects 18 Proposed Layout Plan – Construction 1131_012 Southern Green Landscape January 2018 425_PROP_LAYOUT_CONSTRUCTION Architects 19 Proposed Layout Plan 1131_011 Rev B Southern Green Landscape January 2018 425_PROPOSED_LAYOUT_PLAN Rev B Architects 20 Existing and Proposed Sections – Landmark & 1131_111 Southern Green Landscape January 2019 425_Ex Pro_SECTIONS Viewing Area Architects ENGINEERS – SURFACING AND INDICATIVE DRAINAGE INFORMATION 21 Construction Detail 2542C / 510 Rev B Shadbolt Civil & Structural January 2019 425_CONSTRUCTION_DETAILS Engineers 22 Indicative Surface Water Drainage Plan 2542C/514 Rev A Shadbolt Civil & Structural January 2019 425_DRAINAGE_PLAN Engineers 23 Outline Surface Water Drainage Strategy Shadbolt Civil & Structural January 2019 425_OUTLINE_SURFACE_DRAINAGE Engineers ENGINEERS – GEO-ENVIRONMENTAL RISK ASSESSMENT 24 Preliminary Risk Assessment (Phase I The Shadbolt Group June 2017 425_FUL-RISK_ASSESSMENT GeoEnvironmental) ENGINEERS – PRELIMINARY FABRICATION AND ANCHORING DESIGNS 25 Proposed General Arrangement 18028.901 Rev P1 Structure Workshop May 2018 425_GENERAL_ARRANGEMENT_SW Engineers 26 Foundation Proposal 18028.902 Rev P1 Structure Workshop May 2018 425_PROPOSED_FOUNDATIONS Engineers ECOLOGY – ECOLOGICAL APPRAISAL – SUBMITTED AS PART OF THE APPLICATION FOR PLANNING PERMISSION 27 Ecological Appraisal E3 Ecology January 2019 425_ECOLOGY_APPRAISAL TRANSPORT CONSULTANTS – ENTRANCE DESIGNS, SWEPT PATH ANALYSIS AND TRANSPORT STATEMENT – SUBMITTED AS PART OF THE APPLICATION FOR PLANNING PERMISSION 28 Transport Statement SAJ Transport Consultants January 2019 425_TRANSPORT_STATEMENT 29 Proposed site access arrangement visibility JN1784-Dwg-0004 SAJ Transport Consultants January 2019 425_PRO_SITE_ENTRANCE splay – vertical

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30 Site Access Arrangement JN1784-Dwg-0009 SAJ Transport Consultants January 2019 425_SITE_ACCESS_ARRANGEMENT Rev C 31 Swept Path Analysis – Coach JN1784-Dwg-0005 SAJ Transport Consultants January 2019 425_SWEPT_PATH_ANALYSIS_COACH Rev C 32 Swept Path Analysis – Refuse Vehicle JN1784-Dwg-0007 SAJ Transport Consultants January 2019 425_SWEPT_PATH_ANALYSIS_REFUSE_VEHICLE Rev C 33 Swept Path Analysis – Refuse Collection Ray JN1784-Dwg-0010 SAJ Transport Consultants January 2019 425_SWEPT_PATH_ANALYSIS_REFUSE_COLLECTION Estate Rev B 34 Correspondence – Transport SAJ Transport Consultant 26 March 2019 425_FUL-SAJ_TRANSPORT_NOTE ARCHAEOLOGY – REPORTS 35 Desk Based Assessment and Archaeological Bamburgh Research January 2019 425_ARCHAELOGICAL_LAND_BASED_ASSESSMENT Impact Assessment Project 36 Archaeology – Report on Trial Trench Bamburgh Research April 2019 425_ARCHAEOLOGICAL_TRIAL_TRENCHING_REPORT Evaluation Project ECONOMIC IMPACT - REPORT 37 Economic Impact Report ERS February 2020 425_Elizabeth Landmark Economic Impact Report 130220

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