A call to remove a strict agricultural condition on a Pembrokeshire property, granted in the 1990s for a vegetable nursery which later suffered with the rise of supermarkets, is expected to get the go-ahead.
In an application recommended for approval at Pembrokeshire County Council’s planning committee meeting of June 25, Mr K Morgan seeks the removal of an agricultural occupancy condition on land at Oakvale, Spittal.
It seeks the removal of a 1993 condition, which reads: “The occupation of the dwelling shall be limited to a person solely or mainly employed, or last employed, in the locality in agriculture (as defined in Section 336(1) of the Town and Country Planning Act 1990), or in forestry or a dependent of such a person residing with him/her, or a widow or widower of such a person”.
Earlier this year, a certificate of Lawfulness was granted at Oakdale; the property having been occupied for over 10 years in breach of the occupancy condition.
An application for a certificate of lawfulness allows an applicant to stay at a development if they can provide proof of occupancy over a prolonged period, normally in excess of four years.
A supporting statement for Mr Morgan’s application says he and his late wife, who had previously run a dairy and arable farm, established a vegetable and plant nursery at Oakvale in 1990, later submitting a successful 1993 application for a dwelling with an agricultural worker condition.
They sold direct from the site and also to local shops, the nursery doing well for a number of years before suffering “with the advent of supermarkets,” ceasing all together in 2010, by which time the property was also serving as a small caravan site, which continues to this day.
Mr Morgan has continued to live at Oakvale whilst managing the caravan site, with his daughter and her family also living on-site to help care for Mr Morgan due to illness.
A report for planners states: “It is possible for the property to be occupied in breach of the condition by any non-qualifying person in perpetuity. Whilst it is theoretically possible that a future purchaser might comply with the occupancy condition, meaning that the certificate would fall away, the consequences of such an action would result in a loss of upwards of 30 per cent of the value of the property.
“The very low likelihood of this course of action is such that the fall-back position associated with the certificate is a material consideration sufficient to outweigh the conflict with planning policy.”
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