DISTRICT COUNCIL

Egton with Newland Application No: SL/2018/0728

TOWN AND COUNTRY PLANNING ACT 1990: SECTION 192 (as amended by Section 10 of the Planning and Compensation Act 1991)

TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 2015

NOTICE OF REFUSAL OF PROPOSED USE OR DEVELOPMENT

To: Mr M Cook Hollin Hall Arrad Foot LA12 7SN

Name and address of applicant: As Above

Site of proposal: Hollin Hall, Arrad Foot, Ulverston LA12 7SN

South Lakeland District Council hereby CERTIFY that on 15 October 2018 the development described in the First Schedule hereto in respect of the land specified in the Second Schedule hereto and edged red on the plan attached to this certificate would not have been lawful within the meaning of Section 192 of the Town and Country Planning Act 1990 (as amended), for the following reason:

Schedule 2, Part 6, Class A & B of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) refers to agricultural development on holdings over 5.0 hectares and holdings less than 5.0 hectares.

The conditions within Class A2 (2) & Class B5 (2) of Part 6 state that development is permitted subject to the condition that:

“the developer must, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the siting, design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be;”

The applicant has not submitted a prior notification and therefore the development is not lawful.

Signed:

Director - People and Places South Lakeland District Council Date: 11 October 2018

FIRST SCHEDULE:

Concrete existing stone yard/access.

SECOND SCHEDULE

Hollin Hall, Arrad Foot, Ulverston LA12 7SN

Notes

1. This certificate is issued solely for the purposes of Section 192 of the Town and Country Planning Act (as amended).

2. It certifies that the development specified in the First Schedule proposed on the land described in the Second Schedule is lawful on the specified date and, thus, would not be liable to enforcement action under Section 172 of the 1990 Act on that date.

3. This certificate applies only to the extent of the development described in the First Schedule and to the land specified in the Second Schedule and identified on the attached plan. Any development which is materially different from that described or which relates to other land may render the owner or occupier liable to enforcement action.

4. Section 192(4) of the 1990 Act, as amended, states that the lawfulness of the described development shall be conclusively presumed.

Pond

T rack

Hollin Hall

"

The material contained in this plot has been reproduced Scale 1:1250 from an Ordnance Survey map with permission of the PLAN REFERRED TO: Controller of Her Majesty's Stationery Office. SL/2018/0728 Licence No. 100024277 © Crown Copyright

Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings Hollin Hall Development Control Group Arrad Foot South Lakeland District Council Ulverston South Lakeland House Cumbria Lowther Street LA12 7SN KENDAL, Cumbria LA9 4DL September 2018