Exemption policy and applications, information and evaluation criteria.
The speed limit is a fundamental element of the Coniston Water Byelaws. And the proposed Byelaws 6 and 7 although allowing the Authority to grant permission for exemptions from the speed limits is not intended to provide a mechanism to allow events and activities to take place that the Byelaws are designed to manage, control or prevent.
Exemptions to the Coniston Water speed limit will be rare and the exception - they will only be permitted where:
This will mean that satisfactory safety consideration is proven, including adequate risk assessments and mitigation; environmental disturbance is minimised, including the impact on tranquillity or areas of nature conservation. Pollution has to be avoided at all times with adequate safeguards demonstrated.
Exempted events and activities will be the exception rather than the norm. And the activity or event is special to the area and its communities of Coniston water and Coniston and cannot be appropriately accommodated elsewhere.
Any proposal will have to show how a speed limit exemption will add demonstrable and relevant value.
To do this - applicants will need to demonstrate, amongst other things, how the intended activity or event will meet all outcomes of the Vision for the Lake District and any other relevant local plans and policies. And where an exemption is being sought for an event or activity then the applicant will also be expected to show how:
Applicants will be expected to agree with the Authority how the event will be monitored, including - measuring of impacts and benefits, prior to, during and after the event or activity. The cumulative impact of allowing more than one exemption in any one calendar year will be considered. And any exemption should avoid the use of the lake during busy periods.
The following information will be required from applicants. It is recommended that all prospective applicants have an informal discussion with the relevant authority staff about their proposed event prior to a formal application.
The following steps will be applied:
Recommended that all potential applicants talk to the relevant Park Management Leader about their proposed event or activity. This should include possible concerns or issues which may arise, and how they could be addressed. And to provide an indication of the likelihood of an exemption being approved for the proposed event or activity before a formal application is made.
Applicant to complete a valid application form that provides sufficient and reasonable information (see the section above) that allows a member of staff to fully understand it, undertake consultation, and then be able to evaluate the application and present a recommendation for – ‘approval’, ‘refusal’ or ‘approval with conditions’ to the Director of Sustainable Development.
Applicants to provide specific risk assessment and proposed mitigation activities to be undertaken. This needs to consider; general public, event or activity participants. And any key mitigation or compliance such as – marshalling, safety boats, insurance, competency qualifications, and conduct in relation to governing and supervisory conditions or guidance.
Applicants to provide relevant assessment and proposed mitigation activities to be undertaken for management of natural environment impacts and pollution risks. To include - noise and water pollution, and consider the effect on habitats and biodiversity.
Applicant to describe precisely the details of the proposed event or activity and its relationship to other lake activities and users, to consider:
An evidence based assessment by the applicant of the positive benefits that will be derived from the proposed activity in relation to the Vision and Outcomes for the national park and any other relevant local plans or policies. Specifically the aims for:
There needs to be positive, clear and demonstrable outputs from any proposed event or activity. And certainly none that would compromise any individual outcome or the overall vision.
We will carry out a three week on-line consultation with the adjacent Parish Councils and key partners and local stakeholders.
Direct questions will be asked to establish a view on the proposed activity or event
Responses (objections and support) will be considered in relation to key matters defined in evaulation stages 1 and 2.
A report will be prepared that outlines the activity or event and the outcome of consultation. The acceptability of the application will be assessed in relation to the criteria stated in this approach and conclusion stated.
Finally a recommendation will be made for – ‘approval’, ‘refusal’ or ‘approval with conditions’ by the Director of Sustainable Development or to refer the matter to the Authority for its consideration.