PROPOSALS to create private garden space at a former pub in south Cumbria have been given the green light despite concerns it would block ‘safe access’ to the village hall.

Members of the South Lakeland local area planning committee for Westmorland and Furness Council approved plans from Dixon Grange Ltd to use fencing to create two separate garden areas at the former Rose and Crown Inn off Bank Top in Cark.

The proposed gardens will be for the existing holiday accommodation on the site and each will consist of a small lawned area and external patio for outdoor seating. Formal parking for four cars will also be provided in the plans.

The planning statement concludes: “There will be no loss of a community
facility and both the highways and design aspects of the proposal can be found acceptable.

“Specifically, the landscaping to the front of the property will provide an enhancement to the site.”

However Lower Holker Parish Council and over 30 residents had submitted objections to the planning application over concerns the proposals would block off the ‘safe route’ to Lower Holker Village Hall.

The parish council said: “There is no pavement on the adjoining roads which could provide an alternative safe access for the many users of the village hall.

“The adjoining B5278 is a very busy road providing access to local villages, transportation of large mobile homes, used as an unofficial diversion during the regular closures of the A590.”

Before the planning application was submitted, the parish council say a valid modification order application was submitted to the council to recognise the use of this access by local residents as a footpath.

The application covers the claimed public right of way from the B5278 to Bank Top, through the car park of the former Rose and Crown.

Residents objecting to the proposals say if the footpath was blocked, they would have to walk around a ‘blind corner’ and said it would be an ‘accident waiting to happen’.

At the meeting, councillor Helen Chaffey said she was ‘concerned’ that the blocking of the alleged footpath might be ‘dangerous’ and proposed a deferral for the council’s highways team to consider the safety impact.

Councillor Phillip Dixon seconded the proposal however it was not approved by the committee.

Councillor Doug Rathbone said: “We cannot make a decision whether it’s safe or not to walk around because there’s not legally a public right of way on the basis of which to make a decision.

“I am of the opinion that it could potentially be dangerous, but then again, I could take you to a dozen villages nearby here which don’t have footpaths where they would say ‘it’s quite dangerous’ but it’s not the legal premise on which to make this decision.”

The report by council planning officers prepared for the committee meeting acknowledged there are ‘significant’ concerns regarding the loss of the footpath and the impact on pedestrian safety.

However, the report adds: “As the route is not a formal public right of way, no weight as a material planning consideration can be attached to this impact.

“If at a later date the application to add the path to the Definitive Map is successful, the landowner would have to open its original alignment and condition and the landowner is aware of this situation.”

Members of South Lakeland local area planning committee approved the application on October 24 at Kendal Town Hall.