Appeal against ancient woodland development ruling

The Planning Inspectorate has received an appeal against a decision by the Lake District National Park Authority

An appeal has been lodged against a national park authority after it told a homeowner to tear down unauthorised buildings in an ancient woodland.

The Lake District National Park authority (LDNPA) refused to give retrospective planning permission for a fish pond, summer house and garage built on land by a cottage in Nether Wasdale, in Cumbria.

The LDNPA said giving permission would "consolidate the harm" that had already occurred on "an irreplaceable habitat" and ordered owner Glen Race to return the site to its original state within three months.

He has lodged an appeal with the government's Planning Inspectorate against the LDNPA's action, calling it "hopelessly ambiguous".

Documents show the cottage had been built as accommodation for the owners of the nearby Low Wood Hall Hotel and was turned into a private home when the hotel shut in 2019.

The LDNPA wants Mr Race to knock down the summer house and garage and said the change of use from woodland to garden had been carried out without permission.

Plan to restore woodland

Documents show the Woodland Trust said the use as a garden could cause damage to ancient woodland soils, plants and disturb wildlife.

The appeal submitted by Mr Race said the enforcement notices by the LDNPA did not "detail precisely" what he was required to do.

It added that he had lived there since 2021 and some of the breaches, including removal of some trees, had happened before he bought the property.

"In the circumstances it is argued that the notices are nullities and should therefore be quashed," the documents said.

The appeal papers said Mr Race planned to submit a management plan to restore the woodland and said this was a "more appropriate manner" to address "adverse impact" to woodland.

The papers also said if the bid failed the cottage owner would ask for 12 months to carry out the work, instead of the three.

The Planning Inspector is expected to make a decision in due course.