White Moss Watch

COMMON SENSE PREVAILS.
Lowther Estates have lost their appeal against the enforcement action taken by LDNPA which stated that the siting of pay and display machines and associated signage at three car parking sites in Central Lakes was a breach of planning regulations.
Thanks to all of you who supported our campaign and thanks to LDNPA for taking the action against Lowther Estates.

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?CaseID=3282247&CoID=0

Reference: APP/Q9495/C/21/3282247 We use some essential cookies to make this service work. We'd like to set additional cookies so we can remember your settings, understand how people use the service and make improvements.

ANOTHER LONG READ BUT YOUR HELP IS NEEDED

Lowther Estate Trust have lodged an appeal against the enforcement notice Lake District National Park (LDNPA) recently issued to rectify the alleged breach of planning control relating to the installation of pay & display machines and signage, one at White Moss and two at Elterwater. An Inspector appointed by the Secretary of State will now determine this appeal.

LDNPA’s reasons for issuing the enforcement notice are listed below and can br be used as a basis for your objection:

The development is on undeveloped Common Land in the open countryside of the Lake District National Park and English Lake District World Heritage Site.

The development (and associated signage necessitated as a consequence of it), by introduction of man-made infrastructure, is intrusive and at odds with the open and undeveloped character of this part of the countryside. This causes harm to the visual character of the immediate area, which in turn results in harm to the scenic beauty of the National Park and the significance of the World Heritage Site.

The Development is contrary to the provisions of the Development Plan, in particular Lake District National Park Local Plan 2020-2035 policies 01 (National and international significance of the Lake District), 02 (Spatial strategy), 05 (Protecting the spectacular landscape) and 07 (Historic environment).

Lowther Estate has appealed on the grounds that:

“That planning permission should be granted for what is alleged in the notice.”

Lowther Estate has asked that the appeal be dealt with by the written representations procedure. So both Lowther Estate and LDNPA will be sending written statements to the Planning Inspectorate.

If you wish to make any comments on the appeal please write directly to The Planning Inspectorate, Room 3b, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN. Please quote the references:
Ladywood Quarry, White Moss = APP/Q9495/C/21/3282247
Elterwater Common Car Park, opposite Walthwaite Bottom and Braegarth = APP/Q9495/C/21/3282251
Langdale Fell = APP/Q9495/C/21/3282249

making sure your comments are with them no later than 8 December 2021. Comments received after the deadline will not be seen by the Inspector and will be returned to you. They also ask that you send three copies. Representations will not be acknowledged.

Please note that any representations you submit to the Planning Inspectorate will be copied to the appellant and this local planning authority and will be considered by the Inspector when determining the appeal.

THIS IS AN EASIER WAY TO LODGE YOUR OBJECTION TO LOWTHER ESTATES APPEAL
Alternatively, a new internet-based service is now available and you can search for and comment on cases online at https://www.gov.uk/appeal-planning-inspectorate then select ‘start now’. You can access the case by putting the reference number into the ‘Case Ref’ field of the ‘Search’ page and clicking on the search button at the bottom.

Ladywood Quarry, White Moss = 3282247
Elterwater Common Car Park, opposite Walthwaite Bottom and Braegarth = 3282251
Langdale Fell = 3282249

The Inspectorate produces a guidance booklet and you can view this on The Inspectorate’s website - https://www.gov.uk/government/collections/taking-part-in-a-planning-listed-building-or-enforcement-appeal. This also provides useful advice on taking part in the appeals process.

When made, the decision will be published on the Inspectorate’s website https://www.gov.uk/appeal-planning-inspectorate.

A White Moss Watcher took these photos last night from Heron Pike and show why the meadow and White Moss is worth protecting.

Day 96
Tuesday 24/08/21.
An empty meadow!
It's taken 96 days, a lot of walking, photos, letters, emails, spreadsheets, phone calls, meetings, Facebook posts but with your support we've made a difference, please accept our heart felt thanks.

Day 95
Monday 23/08/21.
1 day and counting
1 private tent, 2 Toilets, 2 hand sanitiser stations and water tank remain.
The Stop Notice takes effect on 24th August 2021.
There is no right of appeal to the Secretary of State for the Environment.
There is a maximum fine of £20000 for contravention of the notice.
Well done LDNPA !

Spot the difference.
Day 94
Sunday 22/08/21.
2 days and counting
7 private tents, 2 Toilets, 2 hand sanitiser stations and water tank remain.
The Stop Notice takes effect on 24th August 2021.
There is no right of appeal to the Secretary of State for the Environment.
There is a maximum fine of £20000 for contravention of the notice.
Well done LDNPA !

Day 93
Saturday 21/08/21.
3 days and counting
10 private tents, 2 motorbikes !! on the meadow, Toilets, hand sanitiser stations and water tank remain.
The Stop Notice takes effect on 24th August 2021.
There is no right of appeal to the Secretary of State for the Environment.
There is a maximum fine of £20000 for contravention of the notice.
Well done LDNPA !

Day 92
Friday 20/08/21.
4 days and counting
The 5 bell tents and trailer have now been removed, there are 3 private tents on the meadow and all supporting infrastucture remains.
The Stop Notice takes effect on 24th August 2021.
There is no right of appeal to the Secretary of State for the Environment.
There is a maximum fine of £20000 for contravention of the notice.
Well done LDNPA !

Day 91
Thursday 19/08/21.
5 days and counting.
The Stop Notice takes effect on 24th August 2021.
There is no right of appeal to the Secretary of State for the Environment.
There is a maximum fine of £20000 for contravention of the notice.
Well done LDNPA !

Day 90
Wednesday 18/08/21.
34 days of Lowther Estates breaching planning regulations. 5 bell tents, 1 private tent, 4 toilets, 2 hand sanitisers, 1 water tank, 1 trailer are all still in place.
How great to be able to write, "Enforcement Order and Stop Notice issued to Lowther Estates" !!
We are also interested to know who told the local sheep that the meadow was now solely for their use 😀

AT LAST !
Over the last week we have had further discussions with LDNPA constantly emphasising that Lowther Estates use of the meadow at White Moss as a camp site is in breach of planning regulations and urgent action is required. Yesterday afternoon we were informed by LDNPA that enforcement notices had been prepared and would be delivered by hand to Lowther Estates. This won’t mean the immediate removal of tents and there will be a period to allow customers with bookings to be informed.
Whilst this “grace” period may take us towards the end of August, it is the first step against Lowther Estates who have blatantly ignored planning regulations. We also understand that LDNPA are progressing action against Lowther Estates for the operation of their car parks at White Moss and Elterwater without the required planning permissions.
None of this would have been achieved without your support and for this we are truly grateful, please accept our huge thanks.

Campaigns like this are never easy and at times can be mentally draining, what keeps us going is the knowledge of your underlying support.
Hopefully after this Lowther Estates will move away from their “Feudal” attitude towards the central Lake District and start to engage with the local communities rather than completely ignoring their views and opinions.
We will keep you informed as we move forward. Again thank you.

Day 89
Tuesday 17/08/21.
33 days of Lowther Estates breaching planning regulations. 5 bell tents, 4 toilets, 2 hand sanitisers, 1 water tank, 1 trailer and the sit down mower are all still in place.
If all goes to plan by tomorrow we will have positive news for all our supporters !

Day 88
Monday 16/08/21.
32 days of Lowther Estates breaching planning regulations. 5 bell tents, 3 private tents, 4 toilets, 2 hand sanitisers, 1 water tank, 1 trailer and the sit down mower are all still in place.
Thankfully yesterdays rather pungent smell that was coming from the toilets is no more!

Day 87
Sunday 15/08/21.
31 days of Lowther Estates breaching planning regulations. 5 bell tents, 16 private tents, 4 toilets, 2 hand sanitisers, 1 water tank, 1 trailer and the sit down mower are all still in place.
A rather pungent smell was coming from the toilets today, not sure when they were last emptied but they wouldn't be pleasant to use !

Day 86
Saturday 14/08/21.
30 days of Lowther Estates breaching planning regulations. 5 bell tents, 19 private tents, 4 toilets, 2 hand sanitisers, 1 water tank, 1 trailer and the sit down mower are all still in place.
Lets hope next week is a good week and we can share positive news. After 86 days of White Moss Watch we all deserve some !!

Day 85
Friday 13/08/21.
29 days of Lowther Estates breaching planning regulations. 5 bell tents, 4 toilets, 2 hand sanitisers, 1 water tank, 1 trailer and the sit down mower are all still in place. Private tents are expected over the weekend.

We had contact and some constructive dialog with the LDNPA yesterday, a follow up meeting is scheduled for early next week. In the meantime the site will be continued to be monitored.

Day 84
Thursday 12/08/21.
28 days of Lowther Estates breaching planning regulations. We are awaiting a response from yesterday’s submission to LDNPA. let’s hope their response is positive.
5 bell tents, 4 toilets, 2 hand sanitisers, 1 water tank, 1 trailer and the sit down mower are all still in place.

PLEASE PERSONALISE THIS DRAFT TO LODGE YOUR OBJECTION TO LOWTHER ESTATES BREACH OF PLANNING REGULATIONS...



To: [email protected]

Heading: Breach of 56 Days Permitted Development Rule at White Moss Meadow OS Grid NY34791 06472

I am writing in respect of the location, below, where there has now been a breach of planning control.

Tents and infrastructure have been onsite for a total of 83 days; however the 11th August 2021 was the 57th day where tents have been on site, as such there is now a clear breach of planning control.

Open and transparent recording has been undertaken and evidence of this breach has been monitored locally and pictures/records are maintained on the public page https://www.facebook.com/ProtectGrasmereandRydal

In summary there is a breach of the 56 Day Permitted Development Planning given that the site has been used for 83 days in total and tents have been onsite for 57 days.

The Lowther Estate has shown utter contempt for the planning process, the site is advertised as “Open all Year” and the Lowther Estate have a track record of not seeking planning permission – 4 Car Parks operated by the Lowther Estate that do not have planning permission and I understand also subject to an enforcement request.

I hereby request that due to the clear breach and the fact that the Lowther Estate (i) have no respect for planning; and (ii) the site remains advertised as Open - that the following action be taken:-

Temporary Stop Notice under *Section 171E of the Town and Country Planning Act 1990; and
Enforcement Notice

I await confirmation that a Temporary Stop notice has been issued along with an Enforcement Notice, action has to be taken immediately, the infrastructure and tents removed and LDNPA enforcement officers to be on location at the site to enforce the ongoing breaches and noting we expect use of the site with public tents at the weekend again given the historic track record of the Lowther Estate blatantly ignoring planning regulations.

* https://www.legislation.gov.uk/ukpga/1990/8/section/171E

Town and Country Planning Act 1990 An Act to consolidate certain enactments relating to town and country planning (excluding special controls in respect of buildings and areas of special architectural or historic interest and in respect of hazardous substances) with amendments to give effect to recommendations of the Law Commission.

OUR FORMAL OBJECTION TO LDNPA

11th August 2021

Development Management Support Team
Lake District National Park Authority
Murley Moss
Oxenholme Road
Kendal
LA9 7RL

Dear Sir/Madam,

Re: Breach of 56 Days Permitted Development Rule
COM2020.254 White Moss Campsite

I am writing further to my letter dated 16th July 2021 (copy attached) in respect of the location, below.

There has now been a breach of planning, tents and infrastructure have been onsite for a total of 83 days; however you have failed to accept that the infrastructures alone constitutes a material change; this is something I dispute and have taken the matter to the Local Government Ombudsman.

However today is the 57th day where tents have been on site, as such there is now a clear breach of planning control. The details required as part of the enforcement process are as follows:-

Name: ……redacted……..
Address: ……redacted……..
Phone No: ……redacted……..
Email: ……redacted……..
Address of / location of the property / land subject of your complaint: White Moss OS Grid NY34791 06472

See my attached for a log (Appendix 1) of daily occupation and use of the site to clearly demonstrate the breach; additionally the dates have been monitored locally and pictures/records are maintained on the public page https://www.facebook.com/ProtectGrasmereandRydal

In summary there is a breach of the 56 Day Permitted Development Planning given that the site has been used for 83 days in total and tents have been onsite for 57 days.

The Lowther Estate has shown utter contempt for the planning process, the site is advertised as “Open all Year” and the Lowther Estate have a track record of not seeking planning permission – there is an enforcement request (E/2021/0193) in relation to 4 Car Parks operated by the Lowther Estate that do not have planning permission.

I hereby request that due to the clear breach and the fact that the Lowther Estate (i) have no respect for planning; and (ii) the site remains advertised as Open - that the following action be taken:-

Temporary Stop Notice under *Section 171E of the Town and Country Planning Act 1990, under this the notice should be served on the person (a) carrying out the activity; (b) occupier of the land; and (c) interest in the land
……redacted……..
……redacted……..
……redacted……..
Enforcement Notice

I await confirmation that a Temporary Stop notice has been issued along with an Enforcement Notice, action has to be taken immediately, the infrastructure and tents removed and LDNPA enforcement officers to be on location at the site to enforce the ongoing breaches and noting we expect use of the site with public tents at the weekend again given the historic track record of the Lowther Estate blatantly ignoring planning regulations.

Yours faithfully,

* https://www.legislation.gov.uk/ukpga/1990/8/section/171E

Town and Country Planning Act 1990 An Act to consolidate certain enactments relating to town and country planning (excluding special controls in respect of buildings and areas of special architectural or historic interest and in respect of hazardous substances) with amendments to give effect to recommendations of the Law Commission.

David McGowan's Original Reply...

By email only

8 July 2021

Dear # # #

# # # # # # White Moss Campsite

Thank you for your email of XX June 2021 and I am sorry to hear that you are dissatisfied with the planning service that we have provided.

I am replying as Stage 2 in line with our complaints policy and you can see the policy on our website: https://www.lakedistrict.gov.uk/aboutus/contact_us/complaints

Thank you for setting out your concerns about the counting of days in relation to the temporary use of land as permitted development.

I propose to set out very briefly our role as Local Planning Authority in respect of planning enforcement and then consider in more detail the issues around permitted development, together with an indication of our likely position should a breach of planning control occur. I hope that you find this approach useful.

You may be aware that a public question was asked at the July meeting of our Development Control Committee. I assisted the Chair of the committee with his reply and I will use some of the material from that letter in my reply.

Role as Local Planning Authority in respect of planning enforcement

Under the Town and Country Planning Act we (the Authority, as Local Planning Authority) may issue an enforcement notice where it appears to us that there has been a breach of planning control and that it is expedient to do so having regard to the provisions of the development plan and to any other material considerations.

Our team investigates around 350 possible breaches of planning control each year. In each case the team decides whether there has been a breach of planning control. If there has been a breach a report is prepared with a recommendation upon whether action is required and if so what. Our team does not pursue all breaches of planning control as it would not be expedient in the public interest, if, for example no harm had been caused. In most cases the assessments and decisions are undertaken by team members acting under delegated powers. In all cases the person taking the decision is authorised to do so under the Authority Scheme of Delegation. Enforcement decisions are taken by Development Control Committee only very rarely.

As Local Planning Authority we take the enforcement of planning control seriously. All enforcement casework is important to us and we priortise based on harm and because in some cases that harm may be irreversible.

I will set out the relevant national legal position that applies to Local Planning Authorities before turning to our approach in this case.

The requirement for planning permission

Section 57 of the Town and Country Planning Act (the Act) states that planning permission is required for development and Section 55 provides a definition of development as including the making of any material change in the use of land. Section 56 states that development shall be taken to be instituted at the time when the new use is instituted in the case of a change of use.

Permitted development

The Town and Country Planning (General Permitted Development) Order (the Order) grants planning permission for a wide range of developments without the need to make an application to the relevant Local Planning Authority (or in some cases following a notification procedure). These planning permissions are commonly referred to as permitted development rights.

Temporary buildings and uses

Under Part 4 of Schedule 2 of the Order the Government grants planning permission for the temporary use of land under Class B, which sets out the limitations and states that the provision of any moveable structure may be provided for the permitted use. Ordinarily the temporary use may take place on 28 days in a calendar year. Presently the Order allows for 56 days.

Part 4 only allows temporary uses and the Act makes provision for reverting to the normal use without the need for application.

Material change of use

The concept of material change of use is not defined in statute, however the basic approach is that, for a material change of use to have occurred, there must be some significant difference in the character of the activities from what has gone on previously as a matter of fact and degree. The primary use of the land, the scope of that use, the extent of any lawful ancillary or incidental use, the planning unit that the primary use attaches to (and whether that use is lawful), are all relevant considerations in whether the change represents a material change to the use of the planning unit.

The planning unit

The planning unit is a concept that has evolved as a means of determining the most appropriate physical area against which to assess the materiality of change. The unit of occupation is the starting point and it is only possible to select a smaller unit where there is functional and physical separation of activity.

I hope that this context is useful and I will now address the specifics of the site and our approach.

Our approach to the Campsite at White Moss

I must emphasise that in setting out our approach I am providing my views on the basis of the information available to me. My views do not amount to a determination by the Authority as Local Planning Authority. Indeed, our approach may change should new information become available to us, or if circumstances change in some way.

On the basis of the very large unit of occupation by the landowner and the physical and functional separation of land across the occupation and also at White Moss, as a matter of fact and degree, I consider that the planning unit is the field.

I consider that the lawful use of the field is for the purposes of agriculture. I am not aware of any lawful ancillary or incidental uses.

Tents have been pitched and then occupied by paying guests.

In this case I consider that the activity associated with the pitching, occupation and taking down of the number and type of tents that has occurred on the land results in a significant change to the character of the land and amenity. I consider that this amounts to a material change in the use of the land.

I consider that the new use is instituted when activity to erect the tents commences and continues until the tents are removed. Each day of this activity and the material change of use arising is granted planning permission by Part 4 of the Order.

The portable toilets, water tank, sanitiser stations and trailer are moveable structures permitted to be on the land for the purposes of the temporary use by Part 4 of the Order.

These moveable structures have been left on the land, adjacent to the wall on days when camping has not been taking place. The question then arises as to whether the presence on the land of these moveable structures amounts to a material change in the use of the land.

Whilst the moveable structures have remained on the land when camping is not taking place, taking into account the facts at the current time (including the facilities’ land-take and position) and the absence of activity associated with them I consider that the planning unit, as a matter of fact and degree, reverts to its normal use when tents and camping are not present.

I appreciate that you hold a different view. Even so, I hope that it is useful for me to set out how I approach the matter and why I consider that during periods when the tents are not present on the land, the land reverts to its normal use as a field used for the purposes of agriculture even if that use is the growing of grass and even with the moveable structures present.

When may a breach of planning control occur?

A breach of planning control has not occurred and we do not know whether one will.

If a temporary material change of use occurs on a 57 th day this year it will amount to a breach of planning control.

We have been monitoring the use. On the basis of our approach, if the temporary use takes place on each of the days until then, a breach of planning control would occur in mid August.

If a breach of planning control occurs what will we do?

In the event that a breach of planning control does occur we have a discretionary power to take enforcement action, having regard to the provisions of the Development Plan, site specific impacts, and other material considerations (Section 172 of the Act).

The Development Plan in this case is the Lake District National Park Local Plan.

https://www.lakedistrict.gov.uk/planning/planningpolicies

Site specific considerations in this case include the character and appearance of the area, local amenity and flood risk.

One material consideration is the recent Ministerial Statement by the Secretary of State for the Ministry of Housing, Communities and Local Government, which states; ‘local authorities should not seek to undertake enforcement action against potential breaches of planning control in relation to temporary commercial campsites for leisure use which do not have an adverse impact on amenity, public health and safety or the environment’ and ‘this statement does not stop local authorities taking appropriate action where there are significant adverse impacts on amenity, public health and safety or the environment’

Tourism in England: Temporary Campsite Capacity - Monday 28 June 2021 - Hansard -

UK Parliament

The most relevant Local Plan policies are likely to be:

Policy 01: National and international significance of the Lake District Policy 02: Spatial strategy Policy 03: Development and flooding Policy 04: Biodiversity and geodiversity Policy 05: Protecting the spectacular landscape Policy 06: Design and development Policy 18: Sustainable tourism and holiday accommodation

We cannot issue an enforcement notice in advance of a breach of control and we can only consider the circumstances at that time. However, without prejudice to that decision, I can provide you with an indication of how we may approach it.

I can advise that camping in this location is not supported by Local Plan policies. I consider that the camping use harms the character, appearance and amenity of the area. I consider also that the camping use may be at risk of flooding and that the presence of temporary toilets may pose a pollution risk in the event of flooding.

Taking into account the nature of these harms I consider it unlikely that we would grant planning permission for camping on this site and that it would be likely to be in the public interest to issue an enforcement notice. However, again on the basis of the harms, and taking into account the Ministerial Statement I do not consider, at present, that immediate cessation of the use would be required. An enforcement notice must state a period for compliance. Should we decide to issue an enforcement notice we would give careful consideration to a suitable compliance period.

Other matters and next steps

As Local Planning Authority we have no conflict of, or vested, interest or particular relationship with the landowner. I hope that I can reassure you that we take planning enforcement matters seriously. We will continue to monitor the site and investigate any breaches of planning control. We will decide upon appropriate action only in the public interest.

If you wish to contact me or to arrange to meet my details are at the end of this letter. In line with our complaints policy I must advise you that if you remain dissatisfied you may take the matter up with the Local Government Ombudsman whose details are noted below:

Local Government & Social Care Ombudsman PO Box 4771 Coventry CV4 0EH Tel: 0300 061 0614 Text ‘call back’ to 0762 481 1595 Website: www.lgo.org.uk

Yours sincerely

David McGowan Head of Development Management Direct: 01539 792651 Email: [email protected]

https://www.lgo.org.uk/ The Local Government and Social Care Ombudsman, We are the final stage for complaints about councils, all adult social care providers (including care homes and home care agencies) and some other organisations providing local public services. We are a free service. We investigate complaints in a fair...

A LONG BUT VERY IMPORTANT READ !!

We said earlier that this week could be interesting and it certainly is!

As you know, every day since the 21st May our hardy band of White Moss Watchers have visited the meadow, recorded number of tents, taken photos and emailed the details to our admin who have kept comprehensive records.

When the 56 day use of the meadow, which is the generally accepted interpretation of the planning regulations was exceeded we wrote to LDNPA formally objecting to Lowther Estates continued use of the meadow as a campsite. In early July David McGowan, LDNPA’s Head of Development replied with a detailed explanation of his interpretation of the planning regulations and why in his opinion there was no breach of planning regulations. Previously we have shared the letter to this page but will do so again. Basically he said that the siting of the associated infrastructure which Lowther Estates had placed on the field did not count towards the permitted development limit of 56 days.

…”The portable toilets, water tank, sanitiser stations and trailer are moveable structures permitted to be on the land for the purposes of the temporary use by Part 4 of the Order.

These moveable structures have been left on the land, adjacent to the wall on days when camping has not been taking place. The question then arises as to whether the presence on the land of these moveable structures amounts to a material change in the use of the land.

Whilst the moveable structures have remained on the land when camping is not taking place, taking into account the facts at the current time (including the facilities’ land-take and position) and the absence of activity associated with them I consider that the planning unit, as a matter of fact and degree, reverts to its normal use when tents and camping are not present…”

HOWEVER, WITH GREAT SIGNIFICANCE HE CONTINUED TO STATE:

“…In this case I consider that the activity associated with the pitching, occupation and taking down of the number and type of tents that has occurred on the land results in a significant change to the character of the land and amenity. I consider that this amounts to a material change in the use of the land.

I consider that the new use is instituted when activity to erect the tents commences and continues until the tents are removed. Each day of this activity and the material change of use arising is granted planning permission by Part 4 of the Order…”

In our view this could not be any clearer, i.e. when tents have been on the meadow for a period exceeding the permitted limit of 56 days a breach of planning regulations occurs.

TODAY IS DAY 57 !!

We will attach our letter of formal objection and will also post a copy for any of our supporters to use.

We await LDNPA’s response and action to prevent further use of the meadow as a campsite after Lowther Estates have breached LDNPA’s Head of Development’s interpretation of the planning regulations.

Some of our Facebook followers have suggested that there appears to be an unhealthy relationship between LDNPA and Lowther Estates, Now is the opportunity for LDNPA’s senior management and specifically Richard Leafe their C.E.O to dispel these suggestions by taking immediate and positive action against Lowther Estates to prevent any future use of the meadow as a campsite.