Pembrokeshire Couple’s Appeal to Remain in Home Approved by County Planners

A call to allow a couple to keep living at a south Pembrokeshire dwelling, put in potential jeopardy as they no longer meet an agricultural employment criteria, has been backed by county planners.
John Williams of Woodside, Martletwy, and his wife Catherine have lived at the property since December 1986, the dwelling granted outline planning permission in April 1985.
This was subject to an agricultural occupancy condition, in association with nearby Baglan Farm, which was previously owned and managed by Mr Williams’ parents, now both deceased.
The farmland has been owned by John Williams since 1985.
Agent Acorus Rural Property Services Ltd, in a supporting statement accompanying the application, says a complication to the agricultural occupancy condition “the occupation of the dwelling shall be limited to a person solely or mainly employed, or last employed in the locality in agriculture or in forestry” is Mr Williams having changed employment many years ago.
The application, for a certificate of lawfulness, entailing proof of occupancy over a prolonged period, sought to overcome this condition breach, with Mrs Williams not employed in agriculture either.
“The application is submitted on the basis that the dwelling at the above property has been occupied by Mr J Williams and his wife in breach of the occupancy condition for over 10 years.”
It says Mr Williams was a farm worker locally from 1978-1990, later becoming involved in construction work and farm machinery repairs before working for a local coachworks.
There is a small campsite on the farmland which is registered with the Caravan & Motorhome Club which occupies a field, managed by John and Catherine Williams, having been established around 40 years ago by Mr Williams’ parents.
The application finishes: “As a consequence of John and Catherine Williams’ employment, Woodside has been occupied in breach of the agricultural occupancy condition for over 10 years.”
Planners approved the certificate of lawfulness being granted, stated: “Based on the evidence available it is considered, on the balance of probability, and the absence of any evidence available to the contrary, that the dwelling has been occupied in breach of the agricultural occupancy condition for a continuous period in excess of 10 years and the accrued lawful use right has not been lost.
“It is therefore concluded that the certificate should be granted.” ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​