Council rules battery hen sanctuary agricultural property despite owners’ claim

A call to allow a rural west Wales home next to an animal sanctuary for battery hens to be used without an agricultural condition has been refused by county planners.

In an application to Pembrokeshire County Council through agent Colony Architects Ltd, Aaron Player sought permission for a Certificate of Lawful Development, allowing a removal of an agricultural occupancy condition at Brynhaul, near Tegryn, Llanfyrnach.

A supporting statement said the agricultural-only condition was placed on the property when the house was built in the 1990s; the land formerly part of a larger 75-acre estate.

It added: “The property is owned by Mr and Mrs Player, who purchased the property on April 8, 2022, some three years ago. Prior to this, the property was owned by the former owner for over 20 years, and operated the site as a livery and horse box customisation company call VJ Edwards.”

Evidence

Part of a Certificate of Lawful Development application involves providing evidence that – in this case – a continual non-agricultural use has taken place for at least 10 years.

“The two previous owners (Players and Edwards), have used the property as a dwelling, without any agricultural business for in excess of 20 years. The previous owners operated the company Edquine Ltd, from the property, between 2014 until 2020, when the company was closed.”

It says there is “robust evidence” that illustrates “on the balance of probability” that the property has been used as a residential dwelling for in excess of 10 years”.

Last year, Aaron Player was granted retrospective permission to keep an animal sanctuary for disabled animals and ex-battery hens at the site running, works having started in 2023.

Refusal

An officer report recommending refusal said the agricultural occupancy condition dates back to 1990.

It references claims the site has been part used as an animal sanctuary, having gained permission last August, but says: “It is noted that this permission did not include the dwelling subject of this application.”

On previous the occupancy to the Players, the livery and horse box customisation company said to be there for some 20 years, it says: “Evidence provided to corroborate this consists only of a file copy of a ‘Certificate of Incorporation of a Private Limited Company’, with a company name of ‘Edquine Ltd’.

“There is no corresponding address with the Certificate to confirm the business was based at Brynhaul, what the business entailed, and who operated the business.  In addition, the business name of Edquine Ltd also appears different to the business name of the horse box customisation business referred to previously in the statement as ‘VJ Edwards’.  The certificate merely confirms that a business was incorporated on July 7, 2014 under the name ‘Edquine Ltd’.”

It concludes: “It is considered the statement and the certificate of incorporation do not on balance sufficiently demonstrate a continuous breach of the agricultural occupancy condition in excess of a 10-year period at Brynhaul as required.”