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Search the Public Notice PortalA farm worker’s house in an out-of-the-way Herefordshire spot hasn’t housed a farm worker in 14 years, and so the occupancy rule should be dropped, its owner says.
Ann Powell is seeking a certificate of lawfulness to this effect (application 262813) for Ty Derwen (‘Oak Tree House’), its address given as Treribble Access Lane near Llangarron in the southwest of the county.
Approved in 1989, the three-bedroom house was approved when the then applicant KH Powell kept livestock on the mixed farm, on condition it housed only an active or retired farm or forestry worker, their dependants, widow or widower.
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But subsequent changes in farming practices and economics have meant the farm is now largely arable, leaving the house ‘no longer required for an additional employee’, the application says.
Instead, for the past 14 years it has been rented out to two different tenant groups, none of whom were employed in agriculture or forestry, it maintains.
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‘As such the occupation is considered to be lawful.’
Under planning law, if a breach of a planning condition can be shown ‘on the balance of probabilities’ to have continued for over ten years, the condition can be declared null and void.
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The application is accompanied by sworn statements from Mrs Powell, her son and two daughters.
These list the occupations of the house’s tenants as factory worker and teaching assistant, then latterly company owner and receptionist/administrator.
A decision on the bid is due to be made by November 19.
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