THE owner of a farm cottage in Llangarron has been told the requirement for it to house a farmer has been dropped.

Robert Cullen applied to Herefordshire Council in August for a certificate of lawfulness regarding The Bungalow at Trehumfrey Farm.

The certificate was to confirm that a condition on the original 1960s planning approval for the house, which required it to be occupied only by someone working in farming and their dependents, was no longer enforceable as it had been breached for over ten years.

Indeed, Kevin Marsh and his late wife had lived there since 2000 without either having worked in farming or forestry while there, his application stated, and was accompanied by a declaration by Mr Marsh to this effect.

Mr Cullen’s application said his evidence, which also included a tenancy agreement and various official correspondence, was ‘unequivocal’ in showing the occupancy had been continuous, open, and without concealment more than ten years.

Planning officer Joshua Evans has now agreed that on balance, the evidence provided is considered sufficient to demonstrate that the occupants of the property do not and have not worked in agriculture or forestry.

He added: “The probability is that the property has been occupied continuously by the tenant for a period of over 10 years.

“On balance, the evidence provided is considered sufficient to demonstrate that the occupants of the property do not and have not worked in agriculture or forestry as defined by the Town and Country Planning Act 1990.”

Mr Evans added that with no evidence to the contrary, having been submitted during the consultation period, the evidence put forward by Mr Cullen is considered sufficient that the agricultural occupancy condition for a period of time in excess of ten years.

“The council therefore has no option but to issue a certificate of lawfulness,” Mr Evans concluded.