Family secures lawfulness certificate for Pembrokeshire site
In an application to Pembrokeshire Coast National Park, Phillip Thomas of Rhydlewis, through agent Preseli Planning Ltd, sought a certificate of lawful development for land east of Bryntirion Lodge, Cippyn, St Dogmaels.
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.
A supporting statement said the application had been made after the refusal of a partly retrospective application for the siting of a holiday pod on the land.
It said: 'The land has been in family ownership for decades and the applicants have witnessed and enjoyed the use of the land for leisure purposes for over 40 years. Originally established by their grandfather, the site has been handed down through the generations. Resolving the matter is therefore a highly sensitive matter for the family.'
It added: 'Based on the evidence available, it has been established that the leisure use of the land commenced in the 1970s and the use has existed in some form since this time, as the land has been passed down through three generations of the same family.'
It said that part of the site was used to store builders' materials temporarily in circa 2019, but the leisure use had not been abandoned.
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An officer report said objections had been received locally, contesting the claims made in the application for a Certificate of Lawfulness relating to leisure use, describing it as 'an overgrown, steep, and largely inaccessible tract, with significant areas covered by dense vegetation and invasive species'.
Objectors also said they have never witnessed any family activities at the site, saying it was primarily used as a dumping ground for builder's debris, the report added.
'Officers recognise the concerns raised by local residents regarding the use and condition of the site, including issues related to dumping and unauthorised development,' it said, adding: 'However, the statutory test for a Certificate of Lawfulness is whether the use has occurred for the relevant period to render it lawful, not whether the use is desirable or appropriate.'
It said, based 'on the totality of evidence submitted' the applicant had 'demonstrated on the balance of probabilities that the use of the land for leisure purposes has been carried out continuously for at least ten years prior to the submission of the application'.
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