A temporary stop notice has been issued on a developer building 15 homes on land west of the A66 at Braithwaite for a major breach of planning permission conditions.
The Lake District National Park Authority (LDNPA) slapped the notice on Willan Living, which operates from Pembroke Farm at Brougham, near Penrith.
It is alleged that the developers have removed tree protection fencing for two veteran oak trees, dug into the topsoil and laid a gravel access track within a protected area.
Peter Walter, who sits on the LDNPA’s development control committee said: “This is a very serious breach of planning conditions that were in place to protect two beautiful veteran oak trees.
“LDNPA officers visited the site as soon as they were notified and a stop notice was issued within 48 hours. Damage has already been done but I am pleased that the authority has responded so quickly and robustly.”
Andrew Smith, head of development management at the LDNPA said: “We served a stop and breach of condition notice in relation to damage to protected trees on a development site at Braithwaite at the end of January.
“The authority issued the notice after Willan Living unlawfully removed fencing from around trees which were subject to a tree protection order. All construction works were required to cease until tree protection fencing was in place.
“Tree protection orders serve an important purpose, to protect trees and woodlands if their removal or changes to them would have a significant impact on the local environment and its enjoyment by the public. We hope this serves as a reminder of the importance of preserving local nature in the Lake District National Park. We expect the developer to undertake construction lawfully.”
The stop notice requires that all construction work is ceased unless tree protection fencing is in place as required by a condition attached to the planning permission.
It is an offence to contravene a temporary stop notice. Failing to comply with the notice could put the developer at risk of immediate prosecution in the magistrates’ court for which the maximum penalty is £20,000.
The Reminder contacted Willan Living for a comment but has not received one.
