Owners of a South Lakes pub have launched a campaign to save it – after fears that its beer garden is illegal.
South Lakeland District Council confirmed in September that an investigation relating to the Duke of Cumberland pub was under way after a planning application was submitted to build a convenience store in the pub’s car park.
The council said officers were investigating potential breaches of planning law in relation to the beer garden and car park lighting.
Despite claims from Duke of Cumberland director Josh Macaulay, that enforcement action had been started by the authority – which would put the pub’s future at risk, he said – the council said this was not the case.
A spokesman said: “To be clear, no formal enforcement action is currently being taken by in respect of development at the Duke of Cumberland. The council fully understands the pressures businesses are under and we are trying to enter into a constructive dialogue with the owners with a view to working together to resolve the situation positively.”
A statement from Mr Macaulay said the council has revealed that it considers the beer garden to be unauthorised. It has been in place for two years, the pub said.
Mr Macaulay said: “We think that our rustic posts and attractive and add to street scene and appeal of the area. We took advice on when we built the beer garden and were told that planning permission wasn’t required because the cabins aren’t fixed to the ground. An officer even came out to inspect and confirmed they were satisfied they weren’t fixed into the ground.”
The authority said: “During the coronovirus pandemic a more flexible approach was taken regarding temporary structures to allow businesses such as pubs to open and operate in a safe and socially-distanced manner. If these temporary structures become permanent features then the council has a duty to ensure that they conform to planning regulations and policies, which exist to protect the district’s residents from harmful consequences of unauthorised development.”
The work was completed as part of a £100,000 investment made by the company to renovate and restore the Duke of Cumberland, installing outdoor cabins with fire pits, new planting and outdoor furniture, it said.
The pub currently employs 16 staff including a live-in manager.
Lian Wilson, pub manager, added that the beer garden was essential to the survival of the pub and it was the main asset that made the site economically viable.
Lian added: “Without the beer garden the site wouldn’t be able to survive, it wouldn’t bring in enough income to pay the staffs wages and our increasing bills. The pub only just breaks even over the winter and the beer garden is the asset that keeps it alive.”
An online petition has been launched and local residents are being asked to make representations to the planning department at the council by emailing [email protected]
