APPENDIX 1 The purpose of this appendix is to provide a brief summary of authorised enforcement cases.
REF No. PARISH SITE ADDRESS BREACH / CONTRAVENTION PROGRESS / NEXT STEP
06/068 ALDINGHAM Low Sunbrick Farm Installation of uPVC windows in Enforcement action authorised with a 10 Listed Building. year compliance period. Working with
conservation officer to finalise the Notice requirements. 07/025 LOWER ALLITHWAITE Priory Close Internal alteration to listed building. Officers are making inquiries to Cartmel commence legal action.
08/345 SKELSMERGH Holme House Farm Unauthorised development Following committal hearing both parties Garth Row Lane involving the construction of to provide judge with further information. caravan / chalet structures and business uses. 10/208 LOWER Blenkett wood caravan park Laying new 300m access An appeal has been made to the ALLITHWAITE track. Planning Inspectorate against the Enforcement Notice. 10/209 KENDAL Boundary Bank Unauthorised use of site for Part of site has been cleared, the storage of machinery and further monitoring. hardcore. 10/311 CASTERTON Chapel House Farm Unauthorised removal of Hedge Replacement Notice hedge. served 12 July 2011. Appeal dismissed, replanting required by 31 January 2013.
REF No . PARISH SITE ADDRESS BREACH / CONTRAVENTION PROGRESS / NEXT STEP
11/256 SKELSMERGH Holme House Farm Material Change of Use of The unauthorised structure has been agricultural barn to a structure used included in the court injunction for its as a dwellinghouse. removal from the land.
11/257 KENDAL 55 Helmside Road Untidy land to front of dwelling. Officers have served a Section 215 Notice to tidy the front of the dwelling. Contractors are now engaged to clear the front of the property week commencing 3/12/2012. 11/078 SKELSMERGH Holme House Farm Engineering operation. Large scale Included in the court order as part of the excavation to public footpath. re-instatement works. 12/134 EGTON with NEWLAND Field adjacent Alpine Road Removal of 85m of field hedge. The hedge has been planted. Owner has stated that he will erect stock fencing.
APPENDIX 2 To provide Members with the number of cases on hand grouped by parish. Outstanding Enforcements by Parish 01/01/2009 to 31/10/2012 14:35:05
Parish Number Of Cases
ALDINGHAM 6
ARNSIDE 4
BARBON 3
BEETHAM 6
BROUGHTON WEST (Duddon) 1
BURTON IN KENDAL 4
CASTERTON 5
DOCKER 2
EGTON WITH NEWLAND 1
EGTON WITH NEWLAND 6
FIRBANK 1
GRANGE OVER SANDS 8
GRAYRIGG 2
HELSINGTON 4
HEVERSHAM 2
HINCASTER 1
HOLME 7
HUTTON ROOF 1
KENDAL 32
KENDAL 16
KENDAL 5
KENDAL 5
KENDAL 97
KENDAL 18
KILLINGTON 2
KIRKBY IRELETH 401 2
KIRKBY LONSDALE 14
LEVENS 1
LOWER ALLITHWAITE 32
LOWER HOLKER 4
LUPTON 4
MANSERGH 1
MANSRIGGS 3
MIDDLETON 3
MILNTHORPE 5
NATLAND 2
NEW HUTTON 5
OLD HUTTON AND HOLMESCALES 6
OSMOTHERLY 2
PENNINGTON 15
PRESTON PATRICK 8
PRESTON RICHARD 9
SCALTHWAITERIGG 1
SEDGWICK 1
SKELSMERGH 10
STAINTON 2
STRICKLAND KETEL 3
STRICKLAND ROGER 5
ULVERSTON 17
ULVERSTON 5
URSWICK 13
WHINFELL 1
WHITWELL AND SELSIDE 1
Total Number of Outstanding Cases 413
APPENDIX 3 Quarterly report informing Members of activity on selected priority cases for the last quarter and selected cases for action in the following quarter.
Action/Activity on selected priority cases during last quarter. REF No. PARISH SITE ADDRESS ALLEGED BREACH ACTION / ACTIVITY 08/199 LOWER Anthemion Erection of lights and • Conservation officer confirms that the lights and signs ALLITHWAITE The Square signs on listed building. do not enhance or preserve the Cartmel conservation Cartmel area. • Site visit confirms the lights and signs have not been removed. • Consideration is been given to the course of action and may result in a report brought to committee seeking enforcement action. 09/094 KIRKBY The Barn Not constructed as • Site visit carried out work not accordance with LONSDALE Mitchelgate approved plans and the permission. unauthorised erection of • Consulted with Planning Officer decision to take a flue. necessary action. 09/260 STRICKLAND Woodland off Creation of new access • Field access existed for some time. KETTLE Winter Lane into open field. • Hardcore laid to create area of unauthorised hard standing. • Officers considering expediency.
REF No. PARISH SITE ADDRESS ALLEGED BREACH ACTION / ACTIVITY 09/272 KIRKBY 2 Mill Brow Erection of flue to listed • Site visit carried out, breached established. LONSDALE building in conservation • The flue has been erected with out permission area. • Considered course of action to request its removal. 09/302 ULVERSTON Stables to the end Construction of raised • Officers making contact with owner to invite a of Chittery Lane concrete base 25m sq. retrospective application. 10/076 MILNTHORPE Land north west of Erection of large poly Highfield tunnel. • Officers to bring report to committee.
Cases Prioritised for Action in the Following Quarter REF No. PARISH SITE ADDRESS ALLEGED BREACH ACTION / ACTIVITY 08/345 SKELMERGH Holme House Unauthorised • The second hearing was in the County Court Kendal. Garth Row Lane development involving The Judge granted the Injunction, ordering Mr Steele the construction of to remove 15 caravans save for the 4 Lawful ones. caravan / chalet The judge ordered the unoccupied ones and the structures and business storage sheds to be removed by the 31 Oct 2012 and uses. the remaining ones by the 28 November 2012. • A committal hearing took place on the 26 th Nov 2012 at Carlisle combined courts where the judge allowed Mr Steele more time to comply with the order. • The Judge requested the Council monitor the site and report back the work undertaken in re-housing the tenants and Mr Steeles compliance with the order. 10/253 KENDAL 55 Helmside Road Engineering operation, • This has been a long protracted case involving a Oxenholme excavation of rear considerable amount of officer time. garden. • A Section 215 Notice has been served. The compliance date is the 14 September 2012. • Contractors have been instructed to commence clearing and repairing the front of the property week commencing 3 December 2012.