Decision details

Encroachment application to install a new wooden jetty at Louper Weir Windermere

Decision Maker: Lake Administration Committee

Decision status: For Determination

Is Key decision?: No

Is subject to call in?: No

Decisions:

The Principal Lake and Parking Services Officer presented a report outlining a retrospective encroachment application to install a new wooden jetty at Louper Weir Windermere. The application provided details of the construction of the new jetty of a traditional wooden construction with wooden piles measuring 26.2m². The report indicated that a meeting had been held with the applicant, who had been unaware that the jetty had been installed due to a break down in communications with the sub-contractors. The report highlighted that the application had had full planning consent by the Lake District National Park Authority and the Environment Agency.

 

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) informed Members that the report written by the Officer had been based on the merits of the application and had not made a recommendation, due to the application being made retrospectively. In addition, she reiterated Members’ comments that the application should be viewed afresh, ignoring the fact that the application had been made in retrospect.

 

Members expressed concern at the retrospective nature of the application and it was felt that a letter should be sent to the applicant expressing the Committee’s disappointment.  In addition, it was raised that the consultation process with regard to planning applications relating to encroachments might be re-examined.

 

RESOLVED – That

 

(1)        the Director of Customer and Commercial Services be delegated authority to grant permission, subject to the completion of a revised private encroachment agreement for the installation of a new wooden jetty at Louper Weir, Windermere; and

 

(2)        a letter be sent to the applicant, expressing the Committee’s disappointment with regard to the retrospective application.

Report author: Frankie Flannigan

Publication date: 10/10/2019

Date of decision: 04/10/2019

Decided at meeting: 04/10/2019 - Lake Administration Committee

Accompanying Documents: