Planning Enforcement Progress Report REF NO

Planning Committee

Date of Meeting: 25September 2008 Part I Report From: Strategic Director (Customer Services) Agenda 7 Report Author: Mark Balderson Item No: Planning Enforcement Officer Report Title: A Report on Enforcement Activity from 28 July to 22 August 2008

Summary To inform Members about enforcement activity between 28 July and 22 August 2008. This report aims to provide a brief and informative insight into current enforcement cases. If there are any specific enforcement cases that Members would like to be updated on at the next Planning Committee meeting, please contact Mark Balderson, Enforcement Officer or Simon Fawcett, Enforcement Assistant. Recommendations That Members note this report. Report

1. Enforcement Cases which have been resolved 55 outstanding cases from the enforcement caseload have been resolved between 28 July and 22 August 2008.

2. New Enforcement Cases Between 28 July and 22 August 2008, 37 complaints have been recorded and are presently being investigated. 17 of these cases have been resolved.

3. Enforcement Cases for which Committee consideration is sought None.

4. An Update on Enforcement Cases involving formal action An update on those cases involving formal enforcement action is attached as Appendix A for Members’ information.

Alternative Options Not Applicable Material Considerations Finance The recommendations in this report do not have any cost implications. Risk Risk Consequence Controls required The failure to have an Result in inappropriate forms of To maintain sufficient effective planning development which would have resources in planning enforcement system. an adverse impact on the enforcement and prioritise and character and appearance of the co-ordinate the investigation of District’s rural landscape. breaches of planning control.

Staffing The recommendations in this report do not have any staffing implications. Sustainability This report does not have any registered significant environmental effects. Links to Corporate Plan The control of development is a significant factor in achieving a “High Quality Environment” under Section 3.4 of The Corporate Plan. Links to Other Strategic Plan(s) This report has no links to the Strategic Plan. Equalities & Diversity Not applicable. Community Safety The recommendations in this report do not have any community safety implications.

Background Documents Document: Various Planning & Contact: Mark Balderson, Planning Enforcement Officer/ Enforcement Files Simon Fawcett, Enforcement Assistant

Date: 18/09/2008 Version No: Amended by: 2 APPENDIX A Committee: Planning Date of Meeting: 25 September 2008 Report Title: A Report on Enforcement Activity from 28 July to 22 August 2008

Planning Enforcement Progress Report REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS 06/068 ALDINGHAM Low Sunbrick Farm, Aldingham Installation of Upvc windows in Members recently reconfirmed listed building enforcement action. Advice being sought from Conservation Officer. 06/120 ALDINGHAM 9 Mounts Meadow Close, Gleaston Extension of garden A revised planning application has now been submitted and is reported on the schedule for this Committee. 07/205 ALDINGHAM 9 Mounts Meadow Close, Gleaston Unauthorised use of dwelling for A revised planning application business purposes has now been submitted and is reported on the schedule for this Committee. 04/154 BEETHAM Land to Rear of Primrose Bank, Erection of field shelter and laying Enforcement Notice served. No Hale of hardcore appeal to Notice but under negotiation. 08/017 BEETHAM Heron Cottage, Shore Line Removal of wall and creation of Letter to owner inviting vehicle access timescale to see that wall is replaced. Awaiting response.

REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS 08/207 BEETHAM 3, Waterside, Sandside, Milnthorpe Unauthorised balcony Planning application received 05/060 GRANGE OVER SANDS Blawith Lodge, Windermere Road, Replacement windows Discussions ongoing with new Grange over Sands owner. Works are underway. Monitoring site. 05/232 HELSINGTON Low Chambers Tenement, Siting of static caravan Planning Contravention Notice Brigsteer served.

05/249 HELSINGTON Low Chambers Tenement, Untidy site Planning Contravention Notice Brigsteer served. 07/166 HOLME Land West of Moss Lane Construction of chalet/cabin and Enforcement Notice served, creation of large pond Appeal dismissed for retention of chalet. Awaiting compliance. (11/12/08). 07/156 KENDAL Bridge View, Burton Road, Kendal Creation of extra dwelling unit Planning Application received. Awaiting outcome before proceeding with enforcement action. 07/158 KENDAL 276 Valley Drive, Kendal Running Taxi business from Enforcement Notice current. domestic premises. Monitoring. No further breach to date. 07/267 KENDAL Skewmount, High Tenterfell, Decking/Structure in Planning Application to be Kendal Conservation Area submitted. Details under negotiation. Section 330 served and returned. 08/105 KENDAL 115 Burneside Road, Kendal Building not as per application New planning application submitted.

Date: 18/09/2008 Version No: Amended by: 4

REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS 08/132 KENDAL 32 Hawthorn Gardens, Kendal Breach of Section 106 Tenant moved out. Monitoring Agreement. Owner not using sale. property as sole main residence. The property is being let to a tenant 08/134 KENDAL 57 Burton Road, Kendal Unauthorised development. Expecting submission of Construction of 3 metre wall planning application to reduce adjacent highway height of wall. 08/144 KENDAL Beech Hill Hotel, 40 Greenside Unauthorised UPVC windows in Appeal dismissed. Enforcement Kendal Conservation Area notice with Council’s Legal Section. 06/329 KIRKBY IRELETH Land Adjacent to Bell Hall Farm, Storage of agricultural machinery Enforcement Notice served. Head Cragg, Kirkby in Furness and vehicles within field Appeal against Enforcement Notice lodged. 06/351 KIRKBY IRELETH Barn Adjacent to Curlew Cottage, Unauthorised erection of Appeal dismissed and Sandside, Kirkby in Furness extension Enforcement Notice upheld compliance period set at two months 07/025 LOWER ALLITHWAITE Priory Close, Cartmel Internal alteration to listed Prosecution stayed company building gone bankrupt. Owners have said they will do the works. Monitoring. Schedule of mitigating works under discussion. 08/224 LOWER ALLITHWAITE Blenkett Farm, Jack Hill, Allithwaite Unauthorised timber cabins Legal advice being sought on owners representations before issuing of Enforcement Notice.

Date: 18/09/2008 Version No: Amended by: 5 REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS 06/089 LOWER HOLKER Cark Manor, Cark, Cartmel, Internal alterations to listed Two outstanding breaches both Grange Over Sands building subject to current planning application. Application for internal alteration is reported on the schedule for this Committee. 08/073 MANSERGH The Otter House, Rigmaden Unauthorised works to listed The owners have enlisted the building services of a consultant. Negotiations in progress. Expecting retrospective application. 07/179 NATLAND Millennium House, Natland Unauthorised development. Awaiting decision from planning Separation of ancillary building to appeal. Planning Contravention create another planning unit. Notice returned. Property being repossessed by bank. 08/137 NATLAND Adjacent junction to Westmorland Large illegal advert sign in field Awaiting consent application to Hospital allow sign for temporary period. No application received, sign has been replaced. 06/022 OLD HUTTON AND OS Field 0496, Adjacent to Eskrigg Occupation of static caravan on Planning application for HOLMESCALES End Barn, Eskrigg End agricultural land. retention of caravan received. Awaiting consideration. 04/263 PENNINGTON Whinfield Works, Whinfield Use of site for the storing of scrap Pursuing enforcement action. Ground, Lindal in Furness cars 08/041 PENNINGTON Unit 1, Greenmoor Farm, Unauthorised use of unit as Enforcement Notice served. Pennington, Ulverston vehicle repair workshop Appeal lodged against Notice. 08/065 URSWICK Off Hooks Lane, Urswick Residential caravan on Section 330 served. agricultural land. Negotiations underway to get timetable. Caravan to be removed by end of September.

Date: 18/09/2008 Version No: Amended by: 6