A couple has successfully fought to retain their farmhouse home after residing there unlawfully for twenty-eight years, following a recent planning committee ruling.
Decades of Unauthorised Occupation
Richard Evans, aged 63, and his wife Diane, 61, have spent nearly three decades contentedly living in their farmhouse at Dreenhill in Pembrokeshire. The property, known as Summerhill Farm Lodge, was originally approved for construction in 1994 under a strict planning condition requiring the occupants to work on the surrounding agricultural land.
Breach of Agricultural Condition
The initial application to build the dwelling stated that the clients needed to be on-site to supervise and control their farming enterprise, with a farmhouse deemed necessary due to health reasons preventing caravan living. Despite council officers recommending refusal over viability concerns, the planning committee granted approval.
However, officials later received information that the couple had not engaged in farming activities since 1998. Instead, their income derived from construction roles, with self-employed builder Richard Evans involved in several local firms and Diane Evans managing another construction company from 1997 until 2018.
Transition Away from Farming
Within two years of moving into the farmhouse, Mrs Evans sold the last of the farm's suckler cows and ceased using a poly tunnel for salad crop cultivation, effectively ending agricultural operations. This shift constituted a clear breach of the agricultural occupancy condition attached to the planning permission.
Application for Lawful Development Certificate
The couple subsequently approached Pembrokeshire Council seeking permission to continue residing at their secluded home despite violating planning laws. They applied for a lawful development certificate, which allows occupants to remain if they can demonstrate uninterrupted occupancy without enforcement challenges over an extended period.
Critically, no complaints had ever been lodged against their occupation. The council committee, considering the evidence, concluded that the dwelling had been occupied in breach of the agricultural condition for a continuous period exceeding ten years.
Committee Decision and Outcome
Based on the balance of probability and the absence of any objections, the planning committee granted the application. This decision effectively legalises their long-term residence, highlighting how prolonged unchallenged occupancy can influence planning outcomes under specific regulatory frameworks.
The case underscores the complexities of planning enforcement and the legal mechanisms available to address historical breaches, particularly in rural settings where agricultural ties are often scrutinised.
