Westmorland and Furness Council has been forced to submit a retrospective planning application and retrospective listed building consent application for works the council carried out in August 2023 at the entrance to CastlePark in Penrith.
Westmorland and Furness Council installed a gate next to the listed War memorial at the entrance to CastlePark as part of the council’s wider works to refurbish the tennis courts and install footway lighting in CastlePark linked to the tennis court improvement work.
This war memorial was erected by W Grisenthwaite (Mason) and was dedicated on 18 March 1923 at a ceremony attended by the Bishop of Carlisle and Colonel Haswell. It was rededicated on 7 November 1948 after the names of the Fallen of the Second World War were added and is a Grade II listed building.
Penrith Castle Park created in the early 1920s also incorporates the remains of the Scheduled and Grade I listed Strickland’s Pele Tower and Penrith Castle along with the Grade II listed Boer War memorial all within the area of the works carried out by the council.
Plans for the work were originally started by Eden Council but work was carried out in 2023 by Westmorland and Furness Council after the local government reorganisation scrapped Eden District Council.
Evolve Penrith 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.
They 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. A planning authority can insist that all work carried out without consent is reversed.
Council planning officers have now confirmed that after further investigation and discussions, they have 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 has been 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.
A spokesperson for Westmorland and Furness Council said: "In July 2022, Eden District Council applied for planning permission for works in Castle Park to create a new entrance to the side of the War Memorial Gate and replace part of the sandstone wall with railings to improve visibility
"This was part of wider improvements to the park, which included replacing and enlarging the tennis courts, installing new tennis court fencing and lighting, improving accessibility, widening paths and removing steps, and access to the courts and installing footway lighting, of which two light fittings in the War Memorial Gate are part of.
"The only vehicle entrance to the site was through the War Memorial Gate from Ullswater Road, including for all contractors and maintenance vehicles, which risked vehicular impact damage to the War Memorial Gate and pedestrian injury due to vehicles passing through a pedestrian space. The proposal was to provide a new entrance to the south of the Memorial Gate, so the War Memorial Gate could revert to pedestrian only use.
"At this time, the War Memorial Gate was not listed and the work was completed, following advice at that time that planning permission was not required.
"The building was listed Grade II on 17 November 2022 and Westmorland and Furness Council has now submitted a retrospective planning application and Listed Building Consent for the new vehicular entrance and the two light fittings within the War Memorial Gate."
The application is listed as to be decided by officer delegation but Evolve Penrith have confirmed they have spoken to Planning officers to confirm that the applications will be put be for the councils planning committee as the application is for the council it’s self and planning legislation requires all applocations for the authority it’s self to be considered by committee.
A spokes person for Evolve Penrith said “when the council can’t even follow the planning rules in the correct way how can they expect others to follow planning rules. It’s a shocking case of do as we say not as we do and a failure by the council to follow the rules it enforces on others. If this was a private individual or business, they would be facing criminal charges for carry out work without the listed building consent.”
“We are aware that farmers locally are facing council planning enforcement over simply installing farm gates into field on quiet roads on the edge of Penrith, yet the council have done as the please and just installed a gate that exits on the busy Ullswater road attached to the listed structure and thought they could get away with it.”
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