Call to retain leisure use of parcel of land near Pembrokeshire seaside
Through an application to Pembrokeshire Coast National Park, Phillip Thomas from Rhydlewis, via agent Preseli Planning Ltd, requested a certificate of lawful development for land situated east of Bryntirion Lodge, Cippyn, St Dogmaels. A certificate of lawfulness application enables an applicant to continue with a development if they can demonstrate evidence of occupation over an extended timeframe.
A supporting document revealed the application followed the rejection of a partially retrospective proposal for positioning a holiday pod on the site. For our free daily briefing on the biggest issues facing the nation, sign up to the Wales Matters newsletter here.
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The statement explained: "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 continued: "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."
The document noted that a section of the site was temporarily used for storing building materials around 2019, but emphasised that the recreational use had not been discontinued.
A report from the officers highlighted that local residents have lodged detailed objections against the application for a Certificate of Lawfulness related to leisure use, labelling the site as "an overgrown, steep, and largely inaccessible tract, with significant areas covered by dense vegetation and invasive species".
The objectors also claimed they had never seen any family activities taking place on the premises, instead describing it as a common spot for the disposal of building waste, according to the report.
"Officers recognise the concerns raised by local residents regarding the use and condition of the site, including issues related to dumping and unauthorised development," the report acknowledged, before clarifying: "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."
The conclusion drawn was that, "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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