A planning inspector has criticised Westmorland and Furness Council’s unreasonable behaviour over an application to erect a bird hide near Shap.
Lowther Estate Trust appealed against a decision by Westmorland and Furness Council to refuse planning permission for dismantling a telecommunications mast and erection of a bird hide at the Salterwath mast site.
Allowing the appeal, inspector MJ Francis ruled that a full award of costs was justified due to the council’s unreasonable behaviour having resulted in unnecessary or wasted expense.
Westmorland and Furness Council said the proposed bird hide would result in significant unacceptable visual detriment to the valued landscape amenity of the area.
In addition, as the bird hide was to be made available for use by school groups – at a location close to the nextdoor M6 motorway with only a post and rail fence separating the sites – the council felt that very serious safety concerns would arise should groups of children be invited to this exposed location.
However, the inspector felt that the removal of the mast, which represented a somewhat alien form in that location, would contribute to conserving and enhancing the landscape character of the area.
“It (Westmorland and Furness Council) has refused this proposal because of serious safety concerns, despite the Highway Authority having no objection.
“Moreover, it states that only a post and rail fence separate the site from the motorway. Instead, I observed a metal fence between the site and the M6.
“Therefore, this assessment is both inaccurate and the overall reason rather vague, as there is limited substantive evidence regarding the numbers of visitors and how the bird hide would operate which would lead to safety concerns.
“Consequently, unreasonable behaviour has been demonstrated regarding the second reason for refusal. Given all this, and my decision to allow the appeal, I find that the council should clearly have granted planning permission and was unreasonable not to do so.
“The development was unnecessarily delayed, and the applicant has been put to wasted expense in the process.”
The site is proposed for use by local residents, schools, wildlife clubs and societies for wildlife and bird watching.
It is located on an area of moorland which is reached by a single-track tarmac road, adjacent to the northbound carriage way of the M6 motorway, and overlooking the Birk Back valley and western Lakeland fells.
At present it is the location of a 3G telecommunications mast and associated equipment in a small, wooden compound, adjacent to an area of hardstanding.
The proposed 2.4 metres high bird hide is to be constructed on the site of the existing mast with a floor area measuring 9.6m.
In its appeal statement, Westmorland and Furness Council made several references to the dimensions of a previously refused application for a larger two-storey bird hide, as if it was the appeal case.
“This casts doubt on the accuracy of the report and the basis for the statement,” the inspector said.
The inspector added: “These inaccuracies undermine the report and the assessment of the effects of the development on the character and appearance of the site and the surrounding landscape.
“Whilst the council has apologised, and confirms these errors, the applicant has had to in the process of preparing this appeal point out these inaccuracies so that the appeal is based on the facts of the case. This has resulted in unnecessary and wasted time in the appeal process.”
Westmorland and Furness Council declined to comment after being approached by the Herald.
