Decision details

Application to Amend Encroachment Status - Watersedge, Storrs Park, Windermere

Decision Maker: Lake Administration Committee

Is Key decision?: No

Is subject to call in?: No

Purpose:

To consider an application to amend the status of an encroachment at Watersedge, Storrs Park, Windermere from a commercial encroachment to a residential encroachment.

Decisions:

The Director of Policy and Resources (Monitoring Officer) presented an application for an alteration in the charging rate relating to the Boathouse, Watersedge, Storrs Park, Windermere, from a commercial charging basis to a residential basis.  The premise of the application was that the property had been transferred into a family trust for inheritance tax purposes but was being used, and always had been used, as family property.

 

Appendix 2 to the report was the guidance that had been approved by the Lake Administration Committee in April 2018.  The report also drew attention to the fact that, for Council Tax purposes, the property was classified as being a small business.  In addition, the applicant was of the opinion that the charging had been on a commercial basis since the Trust had been created in 2013.  It was pointed out, however, that it was only in April 2018 that a decision had been made by the Committee to allow those who held property in trust but used it for residential purposes to make an application for consideration by the Committee for the commercial encroachment to be treated as a residential encroachment.  It was noted that, in accordance with the guidance approved by the Committee in April 2018, any decision to change the charging status to residential would take effect from the first day of the month following the decision having been made.

 

Note – During consideration of the item, Members voted to move into Part II to discuss Appendix 1 to the report which contained a copy of the application and supporting documents.

Report author: Anthea Lowe

Publication date: 10/10/2018

Date of decision: 05/10/2018

Decided at meeting: 05/10/2018 - Lake Administration Committee

Accompanying Documents: