Lawfulness call for shepherds hut ‘writing space’

Bruce Sinclair Local Democracy Reporter

A call to allow a four-wheeled shepherds hut to be placed in a Pembrokeshire garden as a personal writing space and visitor accommodation will need an official application, the national park has said.

In a certificate of lawful development application to Pembrokeshire Coast National Park, Michael Pugh, through agent Hayston Developments & Planning Ltd, sought the certificate to allow the hut in a garden opposite 2 Edwards Pill, Llangwm.

A supporting statement said: “The proposed shepherds hut would be placed within the linked extended garden and would allow the applicant a quiet and discrete location in which to pursue his writing and work demands, whilst staying within the same planning unit – something which he currently finds difficult to accomplish.”

“Occasional” guest stays

It said the four-wheeled hut would also occasionally be use as overnight accommodation for relatives or personal guests.

An officer report recommending the certificate was not issued said the application site is not within the curtilage of the dwelling and would not be incidental to it but would be “an intensification of the primary residential use”.

It went on to say: “The submitted planning statement states that the proposed shepherds hut will provide an additional room for the occupants and occasional spare room for overnight guests. The property is being advertised as a holiday let under the name of ‘Y Cleddau’ and has been since December 2023 at the latest based on the submission of guest reviews.

“A lawful development certificate for the proposed use can only be issued in respect of uses of land that cannot be enforced against. It follows that the primary use of the land upon which the shepherds hut is to be sited must be lawful and that the shepherds hut should be required for, or incidental to that lawful use of the land.”

Lawfulness

It concluded: “The shepherds hut would not be incidental to that lawful use of the land and would be tantamount to an annex. The application site does not form part of the curtilage of the host dwelling as it is a distinct and separate parcel of land with no common boundary with the dwelling.

“Whilst the siting of the proposed shepherds hut would not, at the time of the application, create any change of use, it has not been shown on the balance of probabilities that the proposed development would satisfy the requirements of development otherwise permitted.

“The proposed use of the land comprising the siting of the shepherds hut could therefore be enforced against. It is not considered that the proposal would be lawful [as defined in planning regulations] and planning permission for the proposed development would be required.”

The application for a certificate of lawful development was refused.