The Eden area planning committee of Westmorland and Furness Council held a meeting at Voreda House today to consider two retrospective applications by the council itself for works the council carried out last August at the entrance to CastlePark.
The council create a new gate and installed lighting at the War memorial that has since November 2022 been a Grade II listed structure.
The gates were installed by Westmorland and Furness Council to allow contractors easier vehicle access to the park for grass cutting and maintenance of the grounds as part of the wider work to upgrade the tennis courts and the installation of new lighting in the park.
Speaking at today’s planning committee a representative of Evolve Penrith made representation at the meeting on the failure by Westmorland and Furness Council to obtain planning permission and listed building consent for works it carried out at Castlepark.
It emerged that the planning application and listed building consent applications by the council only came about after Evolve Penrith challenged the council over the need for the planning and listed consent.
Speaking before the planning committee the representative of Evolve Penrith said
“This committee is today asked to approve two applications by Westmorland and Furness Council for works carried out a year ago at CastlePark works carried out by the council without any prior planning or listed building consent.”
“The applications come before you only as a result of Evolve Penrith having challenged the failure by Westmorland and Furness Council to have any planning permission for the creation of a new vehicle gateway into CastlePark that exits onto the busy Ullswater road.”
“We also challenged the fact that the works are within the curtilage of a listed structure and as such require listed building consent before the commencement of works.”
“Legislation sets out that ‘Failure to have this and carry out works without the required permission is a criminal offence.’”
Historic England say that carrying out unauthorised works to a listed building is a criminal offence and individuals can be prosecuted, and a planning authority can insist that all work carried out without consent is reversed.
It emerged in the meeting that only after a number of communications with the council planning department by Evolve Penrith did the council planning officers confirmed that after further investigation and discussions, they determined that the formation of a new access does indeed require planning permission and listed building consent in its own right.
Westmorland and Furness Council as a result was forced to submit a retrospective Planning Application for the formation of the access along with installation of lighting and the listed building consent for the works it carried out in August 2023.
The representative of Evolve Penrith went on to add to their statement “Today this committee is asked to set what could be a precedent that puts at risk the many other listed structures not only in Penrith but across the Westmorland and Furness planning area.”
“Through approval of these applications this committee is been asked to send a message that others can show no regard for the laws set out in legislation like the council it’s self has done and carry out works without listed consent and planning approval because the council has set a precedent by its self-carrying out works and simply getting the permissions after they were caught out.”
Evolve Penrith claim had they not made any challenge that the applications would never have seen the light of day.
Evolve Penrith called of the members of the planning committee to “show that Westmorland and Furness council are not above the law by refusing these retrospective applications and reporting the criminal act that has been committed through the failure to obtain prior consent for listed building works carried out on the war memorial that forms a prominent feature in Penrith.”
In response council planning officers told the planning committee that originally the council had been told it would not require any planning and could carryout the works under permitted development rights, but it later emerged that this was incorrect, and that Westmorland and Furness council did require planning and listed building consent for the works on and around the war memorial.
Cllr Robinson speaking on the applications following the statement by Evolve Penrith and the planning officer said “In light of what has been said”, "We really need to get our act together and get our house in order".
“This does not look good from the public perception of the council”, “When our own people can’t get the correct information on planning”
The report put before the committee also states that as part of the approval a Traffic Regulation Order TRO will be required that will see two parking bays on Ullswater road removed and replaced with double yellow lines to create safe visibility from the new gate for vehicles exiting Castlepark via the gates onto Ullswater road.
The committee was following a debate asked to vote on the two separate applications with members following officer recommendations to approve the retrospective planning and listed building consent applications unanimously.
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