Couple allowed to remain in farmhouse despite being in breach of a planning conditions

Bruce Sinclair, Local democracy reporter

A couple will be allowed to continue living in a farmhouse which has been in breach of a planning condition since 1998.

In an application to Pembrokeshire County Council, Richard and Diane Evans, through agent Hayston Developments & Planning Ltd, sought a Lawful development certificate for Redwood House at Summerhill Farm, Dreenhill, having breached an agricultural employment condition over a continuous period.

That condition was imposed in a 1994 application, approved in 1995, for a dwelling at Summerhill Farm, at the time for a small farm, the scheme stating: “Basically our clients need to be on site in order to supervise and control their farming enterprise and due to health reasons they are not able to live in a caravan, and hence they require a farmhouse”.

At the time the scheme was recommended to be refused based on concerns about the farm’s viability but was approved by planning committee.

An application for a certificate of lawfulness allows an applicant to stay at a development if they can provide proof of occupancy without any enforcement challenge over a prolonged period.

A supporting statement accompanying the lawfulness application says Mr and Mrs Evans have occupied their then-newly completed property in August 1996 until the present day, but neither have been solely or mainly employed in agriculture at Summerhill Farm since 1998.

It added: “The information and evidence presented as part of this application demonstrates that the applicants’ principal activities and employment have been other than agriculture or forestry with their main income being through Mr Evans’ association with a number of local firms in the construction industry and self-employment associated with the building industry while Mrs Evans has been continuously employed in managing the construction firm of W. George and Son since 1997 to 2018.”

It stressed that “at no stage, since 1998 have the applicants been involved in the day to day running of the agricultural or forestry business at Summerhill Farm.

Salad crops

“The breach of the occupancy condition effectively took place within two years of occupying Summerhill Farm Lodge in August 1996 when Mrs Evans sold the last of the suckler cows and closed the poly tunnel in which she grew salad crops – which occurred in 1998.”

The application was approved, on the basis: “Based on the evidence available it is considered, on the balance of probability, that, the dwelling known as Redwood House has been occupied in breach of the agricultural occupancy condition for a continuous period in excess of ten years.”