A NEAR 60-year-old legal restriction that resulted in a bungalow being unoccupied for four years it to be amended.

Farmer Richard Willet had asked for the condition which stated only someone employed in agriculture of forestry, or a dependant, could live in the bungalow on his farm be removed.

But the local Shirenewton Community Council objected and said a restriction on occupation of the property at Caes Troggy Farm on Old Road near Pen Y Cae Mawr was still required and Monmouthshire County Council’s planning department agreed.

Mr Willet said the restriction was outdated as when it was put in place, as a condition to the planning permission that allowed the bungalow to be built, in 1967 a farm worker was required to live on site of what was then a dairy farm.

But it has been used as an arable farm since 2011, with dairying discontinued, and as the farm has been managed, by Richard and Andrew Willet off-site it demonstrated a farmworker is no longer required to live at the farm.

A long-distance lorry driver rented the bungalow from 2015 to 2022 but Mr Willet’s application stated the condition on occupation meant the building is now unoccupied.

His application, submitted by planning agent Michael McLoughlin said the farmer is in a “catch 22” situation.

It stated: “Because of the wording of the condition the dwelling must remain unoccupied because the nature of the farm business is such that there is no imperative for a worker to be on-site to look after livestock.”

Shirenewton Community Council said the bungalow was only allowed in 1967 due to the need to accommodate a farm worker and a policy against allowing new builds in the open countryside remains in place and a condition similar to the one from 1967 could still be imposed.

It also said no evidence was produced of a restriction on disposal of the property and the applicant had misunderstood the condition believing it required the occupant to be employed by their farm rather than simply in the sector.

It said the county council should uphold the condition due to the “scarcity of affordable farm, forest and local business worker accommodation” in the area.

Monmouthshire council planning officer Kate Bingham said the department agreed with the community council and Welsh planning policy allows older conditions to be modified to reflect the “more modern wording” of such conditions.

As a result she said the application would be approved with a modified condition that restricts occupation of the bungalow.

The new condition requires it is occupied by a person “solely or mainly working, or last working on a rural enterprise in the locality, or a widow, widower or surviving civil partner of such a person, and to any resident dependants”.

If it can be shown there are no such eligible occupiers it can be occupied by someone eligible for affordable housing under the local authority’s housing policies.

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