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Phone mast in Oakwood Drive, Ulverston - statement

30 January 2019

Work has started to erect a phone mast in Oakwood Drive, Ulverston.

A spokesman for ourselves said: “South Lakeland District Council understands the feelings of the community on this matter. The application, which was made through the Prior Notification procedure and not as a planning application because the height of the proposed mast did not exceed restrictions set out in planning legislation, had been refused by the council.

“Prior Notification requires the planning authority to make a decision and for the applicant to have received that decision within 56 days of receipt.  Under the terms determined by government, failure to notify the applicant of the decision within this period results in the automatic granting of permitted development and no further planning permission is required.

“We explained at the time that the applicant was not notified of the council’s decision within the 56-day period which means, under the terms of Prior Notification, that the proposal benefits from ‘deemed consent’ and the applicant is entitled to install the mast.

“If the scheme is implemented in accordance with the plans which were the subject of the Prior Notification, then we have no recourse to enforcement action.

“We explored other options with the developer who were agreeable to make changes to the scheme that were aimed at lessening the impact but these schemes did not have public support and so were not progressed.

“The council recognises that this is incredibly frustrating for the residents and the town councillors who objected to this proposal and we apologise again. Council officers supported their view that this proposal should be refused and steps have been taken to ensure that such an oversight does not happen again.”

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