District Council Planning Committee 4th March 2019 Report on Monthly Enforcement Activity

Portfolio: Councillor Jonathan Brook – Housing and Innovation Portfolio Holder Report from: David Sykes - Director (People and Places) Report Author: Mark Balderson – Planning Enforcement Officer Wards: All Words Forward Plan: NA

1.0 Expected Outcome 1.1 To inform Members about planning enforcement activity between 1st January and 31st January 2019. 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 2.1 It is recommended that Members note the contents of appendix 1 and endorse the delegated actions of officers in closing cases as set out in appendix 2.

3.0 Background and Proposals 3.1 Enforcement Activity: January 2019 Cases on hand at 1st January 2019 273 New cases 14 Total cases closed 60 Cases on hand at 31st January 2019 227

3.2 Enforcement cases for which Committee consideration is sought: 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 by officers, and Members note / endorse that these cases have been closed and no further action taken. These cases are set out in appendix 2.

4.0 Consultation 4.1 Not Applicable 5.0 Alternative Options 5.1 Not Applicable 6.0 Links to Council Priorities 6.1 This report links to the aim of “Enhancing the environment in which we live, and supports the national performance indicators”. The National Planning Policy Framework (NPPF) paragraph 58 states “planning enforcement is important as a means of maintaining public confidence in the planning system”. 6.2 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. Individual cases legal advice would be sought where enforcement and legal action is taken. Health, Social, Economic and Environmental 7.4 This report does not have any registered significant environmental, social, economic Environmental effects. 7.5 If you have not completed an Impact Assessment, please explain your reasons: Not Applicable 7.6 Summary of health, social, economic and environmental impacts: Not applicable Equality and Diversity 7.7 Have you completed an Equality Impact Analysis? No 7.8 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. 7.9 Summary of equality and diversity impacts: NA Risk Risk Consequence Controls required The failure of a statutory Ombudsman To maintain sufficient requirement to investigate maladministration resources in planning Risk Consequence Controls required breaches of planning law with an investigation. Result in enforcement and prioritise effective investigative inappropriate forms of and co-ordinate the compliance and enforcement development, which would investigation of breaches system. have an adverse impact of planning control. on the character, and appearance of the District’s historic towns and rural landscape.

Contact Officers Mark Balderson, Planning Enforcement Officer Tel: 01539 793353 email: [email protected]

Appendices Attached to this Report (delete if no appendices attached) Appendix No. Name of Appendix 1 A report on enforcement cases where authorisation to take enforcement action has been sought. 2 A report to provide a summary of the cases which have been resolved under delegated authority in this Committee month.

Background Documents Available

Name of Background document Where it is available Various planning files Planning Department website: http://applications.southlakeland.gov.uk/planningapplic ations/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 11/02/2019 DC Team Leader 11/03/2019 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 Leader N/A Committee Chairman N/A Portfolio Holder N/A Ward Councillor(s) N/A Circulated to Date sent Committee 7/02/2019 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 SANDS Monton, 10 Cart Lane. Alterations to roof of dwelling-house. Appeal outcome, the appeal has been dismissed and the notice varied. The box dormer has to be removed. 15004 MILNTHORPE Flames, 9 Main St, Operational development, erection of The tenants have carried out the Milnthorpe large extraction flue and alteration to works to the shop front. Recent shop front. site visit confirms the flue has been removed, case to be closed. 16138 Land adjacent the A65 Operational development, alteration Recent site visit confirms the to access and laying of Hard-core. required works have commenced, officers monitoring progress. Work has ceased, to contact owner. 16157 11/11a Market Street Removal and insertion of windows. Site visit confirms the notice has not been complied with in full. Enforcement officer to seek advice from Council solicitor. 15196 EGTON WITH Alpine Rd, junction with Material change of use of land and Site visit 21/01/2019 confirms the NEWLANDS A590, Newlands. operational development. notice has not been complied with. Met the occupant of the site who confirms the owner has passed away. Enforcement officer to seek advice from Council solicitor.

APPENDIX 2 A report to provide a summary of the cases which have been resolved under delegated authority.

Ref No Parish Site Address Allegation of Breach Reason for Closure 14054 NEW HUTTON Field Opposite Gynn Cottage, Erection of a Steel Frame NO BREACH Junction Of Kinns Road And Building A684, New Hutton, , LA8 0AR 15214 PENNINGTON Cowran Farm, Pennington, Installation of track close PD Ulverston, La12 0jw 16018 KENDAL Coal Yard, The Sidings, No built to plans approved in NO BREACH Beezon Road, Kendal, LA9 SL/2014/1031 6BW 16027 BURTON IN No 3 East, The Square, Burton Unauthorised works to the COMPLIED WITH NOTICE KENDAL In Kendal, LA8 0PJ roof of a listed building which affects its character as a building of special interest 16065 LOWER HOLKER North West Parachute Centre, Parachute centre operating No Breach Cark Airfield, Moor Lane, outside condition times & Flookburgh, LA11 7LS associated noise 16066 KENDAL 104-106 Stricklandgate, Unauthorised Change of use no longer a breach Kendal, LA9 4PU (takeaway to cocktail bar) Unauthorisied advertisement 16068 ULVERSTON Sandhall, Priory View, Unauthorised residential use NO BREACH Sandhall, Ulverston, LA12 of caravans on site 9EQ 16070 GRANGE OVER Gowan Lea, 14 Cart Lane, Unathorised works to listed BUILDING NOT LISTED WORKS SANDS Grange Over Sands, LA11 building DO NOT REQUIRE 7AB PERMISSION 16088 URSWICK Greenbank Gardens, Little Untidy site - tipping of rubble SITE TIDIED Urswick, Ulverston, La120pp 16103 ULVERSTON Land Adjacent To The Tower, Unauthorised advertisment ADVERT REMOVED Ulverston, LA12 7AJ 16129 KIRKBY IRELETH Skell Hill, Sandside, LA17 7UA Operational development, NO BREACH engineering works 16147 ULVERSTON Globe Inn, Queen Street, Unauthorised works to listed no breach Ulverston, LA12 7AF building - removal of slates from property 16148 KENDAL Rear Of 9 Wildman Street, Erection of unauthorised NO BREACH Kendal, LA9 6EN decking to the rear 16153 SCALTHWAITERIGG Kendal Garage Services, Unit Breach of condition 1 on NO BREACH 12 Mealbank Trading Estate, 5/98/1590 (hours of use of Mealbank, LA8 9DL extraction unit and chimney) 16202 Leasgill House, Leasgill, Location of septic tank close no breach Milnthorpe, LA7 7ET 16203 KENDAL 13 Market Place, Kendal, LA9 unauthorised no current breach 4TN works/alterations 16208 GRANGE OVER Castlehead Marsh Farm, change of use or agricultural Permission Granted SANDS Lindale, Grange Over Sands land to garden/domestic 16221 LOWER Tall Trees, Cartmel, LA11 6HD Roof terrace no current breach ALLITHWAITE 16224 OLD HUTTON AND Greaves Farm, Popplemire Unauthorised change of use No Breach HOLMESCALES Lane, Old Hutton, LA8 0NA of land 16229 KENDAL Land West Of Oxenholme Breach of condition 16 No Breach Road, Kendal attached to planning permission SL/2012/0566 (hours of working) 16230 EGTON WITH Opposite 2 Roburn Cottage, Erection of store building close no longer a breach NEWLAND Penny Bridge, LA12 7RN 16253 Land Adjacent To Beckside Erection of storage container No Expediant to take action Industrial Park, Gatebeck 17006 PENNINGTON Land To The East Of East Unauthorised earthworks No Breach View, Lindal In Furness 17009 LEVENS Frosthwaite Farm, Sizergh, Change of use of land from No Longer a Breach Kendal, LA8 8DY agricultural to domestic garden 17028 URSWICK Land Adjacent To Daisy Hill, Untidy site and storage of close see case 18131 Great Urswick, La12 0st non-agricultural materials 17032 LOWER The Mews Farmhouse, Replacement of roof covering Granted Permission ALLITHWAITE Boarbank Farm, Allithwaite, on listed building Grange-Over-Sands, LA11 7QU 17056 PRESTON PATRICK Rose Cottage, Milnthorpe, Extension of stable to granted permission , LA7 7PA incorporate dog grooming business with increased traffic. 17086 KENDAL Stricklandgate House, 92 Unauthorised electric ducting No Breach Stricklandgate, Kendal, LA9 4PU 17088 BEETHAM Junction Of Carr Bank Garden For sale boards removed Centre, Carr Bank, Milnthorpe, LA7 7JY 17129 KENDAL 8/8a Castle Park, Kendal, LA9 Breach of condition 2 Breach remidied 7AX attached to SL/2015/0774 (screen height) 17152 KENDAL 18 Highgate, Kendal, LA9 4SX Unauthorised works to listed close granted permission building. 17161 KENDAL Kendal United Football Club, Construction of two Dugouts Not Expedient to take action Castle Drive, Kendal, La9 pitch side 17188 KENDAL 1 Rowan Tree Crescent, Siting of a motor home for Motor Home removed Kendal, LA9 6AN residential purpose 17189 LEVENS Whitecoats, Levens, Kendal, Operation Development. Permitted Development LA8 8NX Creation of hard surface parking area and timber frame car port 17197 KENDAL Martindale's Yard, Kendal Demolition in excess of no longer a breach I further planning permission applications to rectify the breach SL/2014/1205 17208 STRICKLAND Handsome Brewery, Bowston, Breach of condition 2 and 3 of no longer a breach KETEL LA8 9HD SL/2017/0924 relating to Classes Order 18002 LEVENS The Langdales, New Build Breach of Condition 6 - SECTION 73 APPLICATION Next To Green Hollow, Levens SL/2016/0304 APPROVED TO REGULERISE THE BREACH 18018 KENDAL Land Opposite 107 Burneside Unauthorised advertisement REMOVED Road, Railway Bridge, Kendal 18039 KENDAL Common Land Off New Road, Breach in relation to works on No Breach Kendal common land 18051 HEVERSHAM Field/woodland At North End Operational development - breach remidied Of Haverflatts Lane, LA7 7DG Landscape work & containers on site 18053 ULVERSTON Land To The Rear Of Rosside No planning permission - no breach Farm/the Mews, Rosside, Erection of stable building Ulverston, LA12 7NR

18063 PRESTON RICHARD Storth Cottage, Stainton, LA8 Erection of timber building Deminimis 0DZ 18071 STAINTON Sellet Estate / Snn App To Breach of pre- NO BREACH Change Name To Willowsway commencement conditions Country Estate, Stainton, relating to SL/2017/0871 & Kendal, LA8 0LE SL/2017/0872 - Cond. 2, 5, 7, 15, 18, 21 18075 URSWICK 6 Orchard Close, Bardsea, Construction of raised deck permission granted Ulverston, LA12 9QP 18091 GRANGE OVER 20 Eastmead, Kentsford Road, Erection of climbing frame no breach - PD SANDS Grange Over Sands, LA11 7AP 18100 PRESTON RICHARD Fell-Lea, Woodside Road, Construction of detached Retrospective application , Kendal, LA8 0HE dwelling - Permission granted approved for semi-detached dwelling SL/2014/0217, SL/2013/0232 18103 KENDAL 147 Windermere Road, Construction of concrete see del report - no breach Kendal, LA9 5ES supporting wall in rear garden to create a raised bed 18107 EGTON WITH Field Rear Of Belle Vue, New Breach of condition 8 of close case no breach NEWLAND Era Log Village, Alpine Road, planning SL/2010/0713, Ulverston, La12 7q advertising log cabin as a rental property 18136 NATLAND 37 Beechnut Road, Kendal, Erection of wood lean to No Breach LA9 7FF 18137 KENDAL Sainsbury’s, Shap Road, 1. Acoustic barrier closer to no breach Kendal boundary than as shown on approved plans 2. Petrol filling station closer to residential properties and higher than as stated on plans 3. Landscaping not carried out within stated timeframe 18138 ARNSIDE 16a Plantation Ave, Arnside, Converted conservatory wider close no breach LA5 0HL and higher and garden raised by 2 metres 18139 ARNSIDE 3 Plantation Grove, Arnside Raised conservatory and no breach garden plus large full length dormer window to gable end 18180 KENDAL 7 Beckside, Kendal Breach of Cond. 2 of breach remedied SL/2011/0693 in relation to obscure glazing 18186 KENDAL New Build Between Appleby Creation of ramp on new No Breach Road (beside Pixel Mill) And footpath Drovers Drive, Old Auction Mart, Kendal 18209 LEVENS Helsington Laithes, Levens, Letting estate agent sign sign removed Kendal 18210 LEVENS Levens Hall, Levens Letting agent sign sign removed

18223 KENDAL Sand Aire House, Kendal, LA9 Breach of condition 2 not expedient to take action 4UA attached to SL/2015/1047 (plans) 18228 EGTON WITH Summer Hill, Spark Bridge, Breach of planning condition no breach NEWLAND Ulverston, LA12 7SS 2 attached to SL/2009/0076 (water supply) 19010 KENDAL 8 High Cragg Close, Kendal, Creation of shed Permitted Development LA9 6HN 19011 ULVERSTON A5087 Well Lane/watery Lane, Unuthorised advertisment breach remedied Ulverston