Peak District authority begins removal of unauthorised works and reinstating land owned by ex-Dragon's Den star

As previously reported, former Dragon’s Den investor Rachel Elnaugh and her fellow landowners at Cressbrook Dale were issued with an enforcement notice after they failed to comply with earlier PDNPA instructions to reinstate the site to its original condition and remove structures and groundworks for which there was no planning permission.

While Ms Elnaugh has challenged PDNPA publicly and accused it of “persecution” she did not attempt to appeal the enforcement action via the usual legal process.

On Thursday, December 14, the authority confirmed that it had removed a large tipi and a car parking area containing plastic matting filled with stone from the site, which is considered to be among the most ecologically sensitive areas of the national park.

Works to remove a series of steps set into the hillside will be undertaken at a future date when ground conditions improve.

Patrick Brady, chair of the authority’s planning committee, said: “These things take time to resolve, but I am grateful to Cressbrook residents for their determination to ensure that this precious area is looked after for the future and for highlighting the importance of an adequately resourced and effective planning enforcement service. We intend to build on this for the future.”

The action follows several attempts by the authority’s planning service to engage with the landowners, including via a formal Planning Contravention Notice (PCN).

Before issuing the enforcement notice, the authority had repeatedly informed the landowner that some of the works they had undertaken would require planning permission, however no application was ever submitted.

The authority also made the landowner aware that such permission was unlikely to be approved due to the sensitive nature of the site.

PDNPA confirmed that legislation allows them to claim back the cost of the removal – and any subsequent restoration required at the site – from the landowners, who will be allowed a short window of time to claim any of the materials or personal items removed from the site.

Phil Mulligan, chief executive of the Peak District National Park Authority, said: “We’re disappointed that the landowner has consistently refused to acknowledge the relevant laws relating to these works, despite our attempts to engage with them.

“Whilst there will inevitably be some disturbance to the ground caused by the removal of the unauthorised structures, our officers have worked professionally to undertake the works as sensitively as possible, including restoration of the land to its pre-existing levels. Further visits will be made to the site to assess if additional reinstatement activities are required, however we anticipate nature will also assist us with this process.”

He added: “Any items not related to groundworks have been documented and removed in the presence of officers from our planning service and will be stored securely if the landowner wishes to reclaim them.

“We encourage the landowners to engage directly with the Authority regarding any future plans at the site.”

Ms Elnaugh has been approached for comment.

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