Garden extension and stone wall at 73 Lingmoor Rise, Kendal

What was proposed

The application sought to turn amenity land into garden space and erect a retrospective random local stone boundary wall.

“Planning Application Reference No. 2025/1279/FPA Proposal: Change of use of amenity land to extend garden & erection of a random local stone boundary wall (retrospective). Location: Amenity open grassed land adjacent to 73 Lingmoor Rise, Kendal LA9 7NR Applicant: [name withheld] Date: Thursday 19 th February Reason for Committee Level Decision: Other – Officer recommendation contrary to Kendal Town Council objection.”

“SUMMARY 1.1 The application seeks permission for the change of use of amenity land to extend a garden and the erection of a random local stone boundary wall (retrospective). The scale and design of the boundary wall is considered acceptable in relation to the site location context, and the proposed change of use is not anticipated to have a significant impact on residential amenity. As such, the application is recommended for approval with conditions.”

Officer report

Site and planning history

The site was grass beside the highway near 73 Lingmoor Rise, with earlier approvals for extensions, alterations and a garage, plus an alleged curtilage enforcement case.

“The site is not listed and is not located within a conservation area. SITE PLANNING HISTORY 5.1 SL/2016/0803 – 73 Lingmoor Rise, Kendal LA9 7NR – Single storey extensions & alterations – Approved with Conditions 27/09/2016 5.2 SL/2019/0347 – 73 Lingmoor Rise, Kendal LA9 7NR – Variation of Condition 2 (approved plans) attached to application SL/2016/0803 (Single storey rear extensions & alterations) – Approved with Conditions 24/06/2019 5.3 SL/2022/0673 – 73 Lingmoor…”

Officer report

Objections from neighbours

Two neighbours objected because of the loss of public amenity land, the development’s scale and the loss of trees.

“Site visit 16/12/25 Looking at older Google street view images, until at least 2022, four large trees once stood in this space. The trees provided plenty of canopy cover and amenity value. They were also accessible to the public. Again looking at street view, between 2022 and 2024 at large conifer was removed. The crowns of the remaining three trees were also removed, being heavily pollarded.”

Officer report

Who spoke

A ward councillor spoke against the application, and the applicants spoke in support, discussing the wall, removed trees and land ownership.

Members’ discussion

Members considered the wall’s effect on local character, public green space, unregistered land and whether approval could create a precedent.

“During discussion on the application, members noted concern over the possibility of setting a precedent by allowing the wall to be erected on unregistered land as well as the impact that the proposals had on the character of the area. The Lead Lawyer explained that Lingmoor Hamlets had made an application to HM Land Registry for adverse possession but their application had been refused as the land had not been enclosed.”

“Members discussed how impactful the wall would be on the character of the area, whilst some felt that a wall was an inappropriate choice, others noted that stone walls were in keeping with the area and requested photographs of the surrounding area to be shown to highlight this. Further discussion commented on the overall impact on public green space on the estate, noting that this land was clearly accessible and available for the public to use.”

Minutes

The committee vote

A motion to approve the officer recommendation was proposed and seconded before members voted.

“Members commented on the complexity of the application but noted that the quality of the public participation had helped to clarify the situation further. Following a query regarding the reinstatement of the trees that had been removed, the Planning Officer confirmed that Condition two covered this aspect and would be applied to the decision should members be minded to approve the application.”

“Following a vote members where not all members voted, members were reminded that they were required to vote in favour, against or in abstention to the motion before them.”

Minutes

The final decision

Planning permission was granted with conditions requiring compliance with the approved plans and planting and replacement of four trees.

“RESOLVED, that planning permission be granted, subject to the following conditions: -”

“If any of the trees are removed, die, become severely damaged or diseased within five years of their planting, they shall be replaced in the next planting season with trees of similar size and species to those originally required to be planted.”

Minutes