Enforcement against Lake District timber business quashed

The development in question is at South Barn in the hamlet of Ayside near Grange-over-Sands, where a timber processing business was set up.

But the Lake District National Park Authority (LDNPA) took out an enforcement notice on the business, alleging there had been a breach of planning control.

The authority claimed there had been a material change of use with the land only being permitted for agriculture.

The noticed required the owner to restore the land, including stopping its use for timber processing and removing a timber building, access track and areas of hardstanding which had been put in place.

But Richard Fallowfield appealed to the Planning Inspectorate, making the case that planning permission should be granted for the development, describing it as a ‘sustainable carpentry operation’.

The farm in Ayside (Image: McDonald Wilkinson Tonge Chartered Planners/LDNPA)

Planning Inspector R Merrett made their decision on June 26 this year, having held an inquiry on June 2, 3 and 4, going on a site visit on the latter day.

The farm is near to one of the dual carriageway sections of the A590.

The inspector said: “The site is part of a smallholding in the open countryside, a short distance to the north of the hamlet of Ayside. It is slightly to the south-west of the A590 dual carriageway corridor.

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“Whilst the presence of dense vegetation ensures a lack of inter-visibility between the two, their proximity means the frequent passing of vehicles at speed results in the dominant background noise source in the locality.”

The inspector said the area has ‘high scenic value’ but is not ‘tranquil’ due to the road’s proximity.

They said the LDNPA’s case is the development is ‘isolated, incongruous and results in visual clutter’.

Planning enforcement against a timber business has been quashed by the inspectorate (Image: Richard Fallowfield/LDPNA)

But the inspector added: “From the evidence and my visit, it was apparent that the two aforementioned buildings are positioned adjacent to one another, in the northern corner of the appeal site.

“Visibility of the site is limited to viewpoints along the single lane minor road (U5190) which runs past and provides access to it.”

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 The inspector also said that, on the site visit, they found the sound of wood being cut by a bandsaw and planer were ‘very faintly evident’ against the noise of the road.

Concluding, they said: “I have not found the development to result in harm to the character and appearance of the area, including the Lake District National Park and the World Heritage Site. Nor have I found harm in terms of impact on local residential amenity or highway safety.

“I have found that the development has various economic, social and
environmental merits, which collectively attract significant weight in its favour.”

They said the planning balance weighs in favour of approval and upheld Mr Fallowfield’s appeal, quashing the enforcement notice.

He also applied for costs, an application which was refused by the inspector.