THE owner of a bungalow in Llangarron which has been occupied for 25 years in breach of a farm occupancy only condition is trying to remove the restriction.

Robert Cullen of Gloucestershire has applied for a ‘Certificate of Lawful Existing Use for the building known as Trehumfrey Farm.

If granted, this would confirm that the condition on the original 1960s planning approval for the house, requiring it to be occupied only by someone working in farming and their dependents, was no longer enforceable as it had been breached for more than ten years.

The application states that Kevin Marsh has been in continuous occupation of the property since March 2000 and has never been employed in agriculture or forestry during this period.

Mr Cullen’s application adds this was also true of his late wife.

The application is accompanied by a statutory declaration to this effect by Mr Marsh, along with a tenancy agreement and various official correspondence addressed to him at the property.

Planning authorities must judge whether, “on the balance of probabilities”, such claims are true before granting applicants a certificate of lawfulness.

Mr Cullen’s application says the evidence presented is ‘unequivocal’ that the occupancy had been ‘continuous, open, and without concealment for a period well in excess of ten years.

A decision on the application, number 252414, is due to be made by October 17.