Latest news with #CertificateofLawfulness
Western Telegraph
5 days ago
- Western Telegraph
Eglwyswrw home was illegally lived in for ten years
Pembrokeshire County Council granted the Certificate of Lawfulness for Maes Yr Awel, a detached dwelling about 1.8 km north-west of Eglwyswrw, Pembrokeshire, on August 5. This decision comes after it was found the property had been occupied in breach of an agricultural occupancy condition for over ten years. The agricultural occupancy condition was originally attached to planning permission D2/89/1717, granted on January 29, 1990, which restricted the home's occupancy to people employed in agriculture or forestry. The property was built as an agricultural bungalow. P Griffiths, the applicant, submitted various pieces of evidence, including a sworn affidavit, pension records, and P60s, to show her non-agricultural employment history. Griffiths's parents, who initially occupied the dwelling from 1992, were involved in agriculture. However, the breach of the agricultural occupancy condition began upon the death of Mrs Griffiths on February 1, 2014, and has continued to the present. The evidence provided proved the property had been occupied in breach of the condition for over ten years, reaching the required immunity period by February 1, 2024. The Certificate of Lawfulness was granted with no conditions attached. The occupation of a dwelling in breach of an agricultural occupancy condition is defined as "the occupation of the dwelling shall be limited to a person solely or mainly employed, or last employed, in the locality in agriculture or in forestry, or a widow or widower of such a person and to any resident dependants." The decision to grant the Certificate of Lawfulness means the property can continue to be occupied without adhering to the original agricultural occupancy condition. The property was owned by the applicant since November 11, 2014, with council tax demands in Griffiths' name dated February 10, 2014, and March 18, 2024. The decision allows the current occupant to remain in the property without adhering to the agricultural occupancy condition.
Yahoo
5 days ago
- Yahoo
Pembrokeshire countryside home was illegally lived in for ten years
A countryside home has been allowed to continue being occupied despite breaching agricultural occupancy rules. Pembrokeshire County Council granted the Certificate of Lawfulness for Maes Yr Awel, a detached dwelling about 1.8 km north-west of Eglwyswrw, Pembrokeshire, on August 5. This decision comes after it was found the property had been occupied in breach of an agricultural occupancy condition for over ten years. The agricultural occupancy condition was originally attached to planning permission D2/89/1717, granted on January 29, 1990, which restricted the home's occupancy to people employed in agriculture or forestry. The property was built as an agricultural bungalow. P Griffiths, the applicant, submitted various pieces of evidence, including a sworn affidavit, pension records, and P60s, to show her non-agricultural employment history. Griffiths's parents, who initially occupied the dwelling from 1992, were involved in agriculture. However, the breach of the agricultural occupancy condition began upon the death of Mrs Griffiths on February 1, 2014, and has continued to the present. The evidence provided proved the property had been occupied in breach of the condition for over ten years, reaching the required immunity period by February 1, 2024. The Certificate of Lawfulness was granted with no conditions attached. The occupation of a dwelling in breach of an agricultural occupancy condition is defined as "the occupation of the dwelling shall be limited to a person solely or mainly employed, or last employed, in the locality in agriculture or in forestry, or a widow or widower of such a person and to any resident dependants." The decision to grant the Certificate of Lawfulness means the property can continue to be occupied without adhering to the original agricultural occupancy condition. The property was owned by the applicant since November 11, 2014, with council tax demands in Griffiths' name dated February 10, 2014, and March 18, 2024. The decision allows the current occupant to remain in the property without adhering to the agricultural occupancy condition.
Scotsman
5 days ago
- Business
- Scotsman
Empty Edinburgh bank branch to be transformed into a new retail unit after Newbridge plans approved
An empty Edinburgh bank branch is set to be transformed into a new retail unit after plans were approved by the council. Sign up to our daily newsletter Sign up Thank you for signing up! Did you know with a Digital Subscription to Edinburgh News, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... A Mr Sohial Akhtar submitted plans on July 9 to turn a vacant RBS bank unit into a retail unit, at 30 Old Liston Road, Newbridge. The existing purpose-built RBS bank unit had been operating on the site for over 20 years, with this planning application seeking the unit's continued operation as a Class 1A retail unit. The Newbridge branch of the Royal Bank of Scotland. Picture: Google | Google Advertisement Hide Ad Advertisement Hide Ad The Application for Certificate of Lawfulness was approved by the City of Edinburgh Council's planning department on August 8. It is unclear which type of shop will now be opened at the former bank branch, which closed in November, 2024, while the online planning application received no objections or notes of support.
Western Telegraph
28-07-2025
- General
- Western Telegraph
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. 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'.
Edinburgh Reporter
10-07-2025
- Edinburgh Reporter
Owner of holiday flat at centre of sex complaint appeals
The operator of a short term holiday flat where neighbours claimed guests had sex so 'vigorously' a clock fell off the wall of the flat downstairs, is appealing after planners refused to approve its use. Alan Montgomery insists the top floor flat in Musselburgh is not used any differently than if it was a residential home – despite also claiming he has welcomed 'thousands' of guests in its first 36 months of business. Mr Montgomery has appealed to East Lothian Council's Local Review Body after planners refused to grant him planning permission to operate the flat as a short term let. And he branded claims by neighbours that guests caused disturbance, waste and noise 'ridiculous'. Mr Montgomery, who applied for planning permission under Montgomery Empire Ltd, argued that the fact the council's licensing sub committee had granted a temporary licence to operate the flat last year despite the same neighbours' complaints meant planning permission should be granted. And he said improvements requested by the licensing committee including the addition of carpets over wooden floors and a noise monitor should also be considered. Neighbours in the building had told licensing chiefs the property on Edinburgh Road, had been used as a 'party flat', with incidents including men urinating in gardens, a drunken hen party and police being called to an incident involving drunken golfers. One objector wrote: 'One couple decided to have sex so vigorously and loudly in the living room of the flat that they caused the (downstairs neighbour's) clock to fall off the wall and it was damaged.' However Mr Montgomery was granted an 18 month licence after agreeing to make changes to ensure there were no future disturbances. He denied claims it was a party flat and said he would ensure no guests were able to book single night stays. Mr Montgomery applied for a retrospective change of use of the flat to a short term let after he was refused a Certificate of Lawfulness by planners and lost an appeal to Scottish Ministers. Planners refused the application saying the holiday use was 'incompatible with and harmful to ' the amenity of other residents in the block. In his appeal Mr Montgomery challenges claims from neighbours about problems at the block as 'ridiculous'. And he said of one complaint about guests hanging washing on residents' lines in the back green: 'Since operating for 36 months involving thousands of guests staying at this property, one person hung a towel on her washing line not realising the back green drying area was of limits. 'This happened within the first month of operating so we since notify guests in advance that this is forbidden. Condemning one rogue guest out of thousands does not justify her reasoning.' The appeal will go before the review body next month. By Marie Sharp Local Democracy Reporter Like this: Like Related
