An enforcement notice has been served demanding the removal of a canopy which was erected at an Eden pub during the Covid lockdown.
Anton Flaherty, owner of The Strickland Arms, Great Strickland, has twice appealed against a decision by Westmorland and Furness Council to refuse retrospective approval for a structure which covers an outdoor terrace at the front of the pub.
The canopy was constructed without the benefit of planning permission under the Government’s Covid lockdown guidelines for the hospitality industry which allowed temporary structures.
Dismissing Mr Flaherty’s second appeal, a planning inspector said the scheme was for the retention of the canopy following alterations which included a reduction of its size.
As part of his appeal, Mr Flaherty had highlighted that a number of public houses had permanently closed, or opened and closed in recent years, highlighting the difficulties of running a rural hospitality business, particularly in this area outside the Lake District.
He also provided details of trading accounts, plus a letter detailing changes in turnover from 2022 to 2023 and highlighted that their business has been subject to increasing energy costs as well as reduced government funding.
“However, this information does not clearly demonstrate that the proposed development is essential in order to ensure the viability of the business.
“Whilst I acknowledge the difficulties experienced by the hospitality sector, there is no substantive evidence to suggest that the removal of the covered area would directly impact on viability,” said the planning inspector.
On Wednesday, planning officer Mark Lynch told a meeting of Westmorland and Furness Council’s Eden local area planning committee that an enforcement notice has been served which will now take effect.
“If he doesn’t remove the canopy it is likely to result in a prosecution for non compliance with the enforcement notice,” said Mr Lynch.
The meeting heard that Mr Flaherty had subsequently indicated that he would be submitting a third application for the canopy, but because of the way Westmorland and Furness’s system was set up, that can be rejected.
Mr Lynch said: “We don’t have to accept that, so he will have to comply with the enforcement notice or make his defence in front of a magistrate. It is all very unfortunate, but that is the way things have panned out unfortunately.”
An award for costs made by the council was dismissed by the inspector.
