South Lakeland District Council Planning Committee 17th December 2020 Report on Monthly Enforcement Activity
Portfolio: Councillor Jonathan Brook – Housing and Innovation Portfolio Holder Report from: Simon Rowley - Director of Customer and Commercial Services Report Author: Ronan Kelly – Planning Enforcement Officer Wards: All Wards Forward Plan: N/A
1.0 Expected outcome 1.0.1 To inform Members about planning enforcement activity for July - October 2020. This report aims to provide a brief and informative insight into current enforcement cases, action taken, on-going investigations and cases closed. 2.0 Recommendation 2.0.1 It is recommended that Members note the contents of Appendix 1 and Appendix 2. 3.0 Background and proposals 3.1 Enforcement activity: July - October 2020 July 2020 Cases on hand at 1st July 2020 183 New cases 17 Total cases closed 8 Cases on hand at 31st July 2020 192
Enforcement stats for July 2020
July 2020 Enforcement cases closed 8 Enforcement Delegated Reports 17 Closure letters 12 Submission Letters issued 4 First Warning letter 9 Reminder warning letter 0 Final warning letter 0 Enforcement Notice 0 Breach of condition Notice 0 Planning Contravention Notice 0
Applications received in July 2020 2 Total £440
August 2020 Cases on hand at 1st August 2020 192 New cases 19 Total cases closed 16 Cases on hand at 31st August 2020 195
Enforcement stats for August 2020
August 2020 Enforcement cases closed 16 Enforcement Delegated Reports 17 Closure letters 28 Submission Letters issued 1 Probing Letter 2 First Warning letter 1 Reminder warning letter 1 Final warning letter 0 Enforcement Notice 0 Breach of condition Notice 0 Planning Contravention Notice 0
Applications received in August 2020 7 Total £1,190
September 2020 Cases on hand at 1st September 2020 195 New cases 24 Total cases closed 12 Cases on hand at 30th September 207 2020
Enforcement stats for September 2020
September 2020 Enforcement cases closed 12 Enforcement Delegated Reports 28 Closure letters 22 Submission Letters issued 2 Probing Letter 4 First Warning letter 9 Reminder warning letter 4 Final warning letter 0 Enforcement Notice 0 Breach of condition Notice 0 Planning Contravention Notice 2
Applications received in September 2020 1 Total £206
October 2020 Cases on hand at 1st October 2020 207 New cases 11 Total cases closed 25 Cases on hand at 31st October 2020 193
Enforcement stats for October 2020
October 2020 Enforcement cases closed 25 Enforcement Delegated Reports 37 Closure letters 41 Submission Letters issued 3 Probing Letter 2 First Warning letter 5 Reminder warning letter 0 Final warning letter 0 Enforcement Notice 1 Breach of condition Notice 0 Planning Contravention Notice 5
Applications received in October 2020 7 Total £1,487
3.2 Enforcement cases for which Committee consideration is sought: 3.2.1 None. 3.3 An update on enforcement cases involving enforcement action: 3.3.1 An update on those cases involving formal enforcement action is attached as appendix 1. 3.4 Summary of enforcement cases which have been investigated and closed under delegated powers: 3.4.1 Officers consider it important that Members are aware of the enforcement cases that have been investigated and note / endorse that these cases have been closed and no further action taken. I refer to Appendix 2, which has the list of enforcement case which have been the months of July 2020 to October 2020. The reason for closing the enforcement case has also been included. 4.0 Consultation 4.0.1 Not applicable 5.0 Alternative Options 5.0.1 Not applicable 6.0 Links to Council priorities 6.0.1 The National Planning Policy Framework (NPPF) paragraph 58 states “planning enforcement is important as a means of maintaining public confidence in the planning system”. 6.0.2 Having an effective, robust planning enforcement regime involving people will help make South Lakeland the best place to live, work and visit. Dealing with unauthorised development in an efficient, firm and fair manner, fosters strong links with the community, increased public confidence in the Council and value for money. 7.0 Implications Financial, Resources and Procurement 7.1 Cost implications only arise if the matter ultimately requires court or direct action in default. Human Resources 7.2 The recommendations in this report do not have any staffing implications. Legal 7.3 See Report. With regards to those individual cases in which legal action is considered, legal advice is sought to ensure that any action taken is lawful, justifiable and proportionate. Health, Social, Economic and Environmental 7.4 This report does not have any registered significant health, environmental, social, economic effects. 7.4.1 If you have not completed an Impact Assessment, please explain your reasons: Not applicable. 7.4.2 Summary of health, social, economic and environmental impacts: Not applicable. Equality and Diversity 7.7 Have you completed an Equality Impact Analysis? No. 7.7.1 If you have not completed an Impact Assessment, please explain your reasons: The Statement of Community Involvement takes account of the equalities issues in seeking to define South Lakeland’s community and interests relevant to the Local Development Framework which will influence the determination of individual planning applications. Equality issues are also considered for each individual case as and when action is necessary. 7.7.2 Summary of equality and diversity impacts: N/A Risk Risk Consequence Controls required The failure of a statutory Ombudsman To maintain sufficient requirement to investigate maladministration resources in planning breaches of planning law with investigation. Result in enforcement and an effective investigative inappropriate forms of prioritise and co- Risk Consequence Controls required compliance and enforcement development, which ordinate the system. would have an adverse investigation of impact on the character, breaches of planning and appearance of the control. District’s historic towns and rural landscape.
Contact officers Ronan Kelly - Planning Enforcement Officer Tel: 01539 793569, email: [email protected]
Appendices attached to this report Appendix No. Name of appendix 1 A report on enforcement cases where authorisation to take enforcement action has been sought. 2 Closed enforcement cases and summary for closure.
Background documents available Name of background Where it is available document Various planning files Planning Department website: http://applications.southlakeland.gov.uk/planninga pplications/welcome.asp Details identifying the reporting See report in appendix for details and reference body is confidential. numbers.
Tracking Information Signed off by Date sent Legal Services DC Team Leader Section 151 Officer N/A Monitoring Officer N/A SMT N/A
Circulated to Date sent Assistant Director N/A Human Resources Manager N/A Communications Team N/A Circulated to Date sent Leader N/A Committee Chairman N/A Portfolio Holder N/A Ward Councillor(s) N/A Committee Executive (Cabinet) N/A Council N/A
APPENDIX 1 The purpose of this appendix is to provide a brief summary of the on-going action of cases with Committee authorisation and delegated authority. REF No. PARISH SITE ADDRESS BREACH / CONTRAVENTION PROGRESS / NEXT STEP 15130 GRANGE over Monton, 10 Cart Lane Alterations to roof of dwelling- Appeal outcome, the appeal has SANDS house. been dismissed and the notice varied. Officer site visit confirms that the notice has been complied with and the roof box dormer removed. 16157 ULVERSTON 11/11a Market Street Removal and insertion of windows. Legal pack has been prepared. In the process of finalising all the required documents. 15196 EGTON WITH Alpine Rd, junction Material change of use of land and Site visit 29/10/2019 confirms NEWLANDS with A590, Newlands operational development. the notice has not been complied with. Enforcement officer compiling file to present to legal. 16028 Kendal 13a Haliburton Road, Untidy building plot Drafted a formal notice and will Kendal seek to issue a PCN.
Appendix 2 – Closed cases between July - October 2020
Closed Cases Between 01/07/2020 & 31/10/2020 60
Ref No Parish Site Address Allegation of Breach Reason for Closure 17195 BEETHAM Dilkusha, Carr Bank, Arnside, Erection of building and MCO Immune from enforcement and no Milnthorpe, LA7 7LD of land, dwelling to workshop breach. and storage 18022 GRANGE OVER Outdoor Education Centre, Use of stable block for Immune from enforcement action. SANDS Grange Over Sands overnight storage of vehicles and accommodation 18092 HUTTON ROOF Town End Farm, Newbiggin Construction of store bin along Not expedient to pursue. grass verge 18105 PENNINGTON Field To The Rear Of Installing a culvert in a Enforcement case closed. Not Storehouse & Oakland, waterway and parking of expedient to pursue Holebiggerah, Pennington, La12 several vehicles 0jp 18151 LOWER Estate Office, Holker, Grange Unauthorised change of use to Deemed incidental. No breach HOLKER Over Sands, LA11 7PH game larder 18170 KIRKBY Kirkby Lonsdale Rugby Club, Using Rugby Club as camping Breach remedied through LONSDALE Raygarth, Kirkby Lonsdale, LA6 site approved planning permission 2DX SL/2019/0261 18183 KIRKBY Silver Howe, Gargreave Farm, Untidy site, abandoned Immune from enforcement IRELETH Kirkby In Furness, LA17 7TS vehicles and caravan 18225 ALLITHWAITE Land At Blenket Farm, Jack Hill, Unauthorised works to a TPO No breach of planning. AND CARTMEL Allithwaite, Grange Over Sands, and erection of wall along LA11 7RL boundary. 19057 NEW HUTTON Hagg Hill Top, Beehive Lane, Breach of conditions 1 (plans, Not expidient to pursue. New Hutton, Kendal, LA8 0AE 3 (occupation) & 4 (mitigation survey) attached to SL/2018/0665 19065 GRANGE OVER Glenedyth Flats, Lindale Road, Breach of condition 3 (paint No breach of planning. SANDS Grange-Over-Sands, LA11 6EP colour of door) & condition 4 (installation of doors - highways issues) attached to SL/2010/0731 19102 MILNTHORPE Field Off Haverflatts Lane, Agricultural building not built in Breach is de minimis Beggarside Hill, Milnthorpe, LA7 accordance with SL/2016/0174 7DG and unauthorised change of use 19136 ULVERSTON Priory Road Allotments (plot Unauthorised change of use of No evidence that breach has 00), Ulverston the land to a business occurred. (Furniture restoration) 19159 PENNINGTON Green Moor Farm, Pennington, Breach of conditions 2 (plans), No breach of planning. LA12 7NU 7 (use) and 8 (hours) of planning approval SL/2011/0633. 19179 LOWER North West Parachute Centre, Noise concerns and operating No breach of planning HOLKER Cark Airfield, Moor Lane, hours. Flookburgh, Grange Over Sands, LA11 7LS 19182 KENDAL 1 Sedbergh Road, Kendal, LA9 Erection of building Breach has been regularised. 6AD 19202 HINCASTER Bradley Farm, Hincaster, LA7 Breach of condition 3 (odour No breach of planning 7ND management) attached to SL/2017/0495 19208 ULVERSTON 72 Bigland Drive, Ulverston, Unauthorised erection of fence Breach remedied. LA12 9PD 19209 HEVERSHAM The Spinney, Haverflatts Lane, Unauthorised flue Works are permitted development. Milnthorpe, LA7 7FB 19211 GRANGE OVER Hilgarth, 44 Highfield Road, Unauthorised rear extension Breach remedied through approval SANDS Grange Over Sands, LA11 7JB of SL/2020/0339 19213 FIRBANK High House Cottage, Lowgill, Diversion of water supply No breach of planning. LA8 0BW 19214 URSWICK Flail Stones, Little Urswick, Erection of railings to boundary No breach. La12 0pn wall restricting visibility 20004 OLD HUTTON Briarswood, Bridge End, Old Installation of an Air Source Works considered to be permitted AND Hutton, LA8 0NH Heat Pump (ASHP) development. HOLMESCALES 20008 STAINTON Sellet Estate Stables And Stud, Breach of conditions 8 No breach Stainton, Kendal, LA8 0LE (lighting), 9 (illumination), 14 & 15 (landscaping) & condition 17 (use of stable for events) 20013 HOLME Field To West Of Holme Beck Unauthorised additional No breach. And To The North Of The drainage works Eastern Boundary Of Silvercroft, Holme, LA6 1PX 20017 BEETHAM Land By The A6, Junction With Erection of sign No breach of planning. Leighton Beck Road, Beetham, LA7 7AL 20018 URSWICK Former Coot Restaurant, Great Unauthorised waste deposited No breach. Urswick, La12 0sp into tarn verge 20025 ALDINGHAM 1 The Old Coach House, Alledged unauthorised change No breach of planning. Aldingham, Ulverston, LA12 of use to self catering 9RT accommodation, touring and cleaning business 20037 GRANGE OVER Woodlea, Ashmount Road, Unauthorised installation of Breach has been remedied. SANDS Grange Over Sands, LA11 6BX window at first floor side Permitted development. elevation 20038 GRANGE OVER Electricity Substation, Eden Unauthorised extension of sub Fence not expedient to pursue. SANDS Mount, Grange Over Sands, station and ancillary works LA11 6BZ 20039 PRESTON Unit 14a Gatebeck Business Breach of conditions 3 No breach PATRICK Park, Gatebeck, Kendal, LA8 (operating hours), 4 (flue 0HW details), 5 (flue height) and 6 (noise) of planning permission SL/2018/0741 20041 URSWICK The Coot On The Tarn, Great Breach of condition 2 (plans) & Planning permission granted for Urswick, Ulverston, La12 0sp 3 (surface water disposal ) SL/2020/0239 and SL/2020/0464. attached to SL/2018/0754 20045 URSWICK Pool House, 1 Stone Close, Unauthorised siting of a No caravan on the site. Stainton With Adgarley, La13 caravan 0nu 20047 ALLITHWAITE Vechelde, Wart Barrow Lane, Unauthorised erection of No breach. AND CARTMEL Allithwaite, Grange Over Sands, balcony LA11 7RA 20048 BEETHAM Fell End Nature Reserve, Discharge of raw sewage & No breach of planning. Slackhead Road, Hale, unauthorised removal of 20ft Beetham, LA7 7BS fence 20055 URSWICK Hollandia, Great Urswick, Unauthorised erection of No breach. Works permitted Ulverston, La12 0sp storage container development. 20056 KENDAL Land West Of Oxenholme Breach of condition 14 No breach. Development is being Road, Kendal, LA9 7TA (construction of the ril and carried out in accordance with the bund) attached to planning approved plans. approval SL/2018/0011 20057 KENDAL Opposite 96 Captain French Unauthorised erection of pole Cumbria County Council case. Lane, Kendal, LA9 4HX 20061 KENDAL 75 Highgate, Kendal, LA9 4ED Development not carried out in No breach of planning. accordance with SL/2019/0335 and SL/2019/0336 (Internal Alterations to listed building) 20062 BEETHAM 29 Paddock Way, Storth, Development not carried out in No breach. Milnthorpe, LA7 7JJ accordance with the approved plans for SL/2019//0247 20065 KENDAL 26 Castle Green Close, Kendal, Unauthorised erection of No breach of planning. LA9 6AT decking/platform 20070 KENDAL 30 Kirkstone Close, Kendal, Unauthorised erection of a Breach resolved through approved LA9 7HU staircase to the rear elevation permission. 20071 KENDAL Land Off Oxenholme Road, Breach of condition 16 Breach has been remedied. No Kendal, LA9 7TA (working hours) attached to further complaints regarding SL/2015/0085 working hours. 20073 KENDAL Former Garage, 25 Castle Rise, Development not carried out in No breach of planning Kendal, LA9 7BQ accordance with the approved plans (infilling, size and scale) of SL/2019/0176 20075 KENDAL 1 Teal Beck, Kendal, LA9 7RQ Alleged unauthorised erection No breach of a rear roof dormer, erection of a building outside curtilage of dwelling house and the laying of hardstanding to front of property 20076 URSWICK Land At Greenbank Gardens, Development not carried out in No breach of planning. Little Urswick, La12 0rn accordance with the approved plans (site and access) of SL/2015/1042 20077 PRESTON Joinery Northwest Ltd, Unit 9 Breach of condition 1 (working No breach of planning. PATRICK Gatebeck Industrial Estate, hours) in relation to Gatebeck, LA8 0HW SL/2014/0309 20078 GRANGE OVER Thaddeus, Rufford Drive, Unauthorised conversion of No breach of planning. SANDS Grange Over Sands, LA11 6DQ garage into a self-contained unit, and the increase in levels to the access 20080 GRANGE OVER 32 Oversands View, Grange Unauthorised patio No breach of planning. SANDS Over Sands, LA11 7BW development 20082 KENDAL Rear Yard To New Inn, Kendal, Unauthorised erection of No breach of planning. LA9 4HE wooden canopy and extension of use 20086 ULVERSTON 19 Whinfield Road, Ulverston, Unauthorised erection of fence Permitted development. LA12 7HQ 20087 URSWICK Well Wood Estate, Bardsea, Unauthorised siting of caravan Immune from enforcement action. LA12 9RD for residential use 20088 KENDAL 8 Applewood, Kendal, LA9 5EJ Unauthorised erection of a Immune from enforcement action. single storey rear extension 20091 ARNSIDE Woodslea, Lynslack Terrace, Breach of condition 2 (plans) No breach. Development carried Arnside, LA5 0EL attached to SL/2017/0605 out as approved. 20096 ARNSIDE 10 Plantation Avenue, Arnside, Unauthorised erection of a Development is immune from LA5 0HT balcony enforcement action. 20098 KIRKBY Royal Barn, New Road, Kirkby Breach of conditions 2 (plans) No breach of planning. LONSDALE Lonsdale, LA6 2AB attached to planning permission SL/2014/0254 20100 MILNTHORPE Green Bank, 23 Haverflatts Unauthorised erection of fence not expedient to pursue Lane, Milnthorpe, LA7 7DE 20101 ULVERSTON 20 Garden Terrace, Ulverston, Unauthorised erection of stove Assessment carried out, works are LA12 7DA and chimney stack permitted development. 20103 KIRKBY Land At Garden Cottage, High Untidy site No breach of planning. LONSDALE Biggins, LA6 2NP 20105 KENDAL Car Park To The Rear Of Unauthorised extension of use No breach of planning. Weatherspoons Public House, to car park Allhallows Lane, Kendal, LA9 4JH 20158 LOWER Sangdgate Shore, Flookburgh, Alleged dumping of materials Transferred to enf ref 20163 HOLKER Grange Over Sands