A FARM worker’s house hasn’t been lived in by someone working in agriculture for 14 years, and so the farming occupancy rule should be dropped, its owner says.

Ann Powell is seeking a certificate of lawfulness to this effect (application 262813) for Ty Derwen (“Oak Tree House”), its address given as Treribble Access Lane near Llangarron.

Approved in 1989, the three-bedroom house was given the go ahead when the then applicant KH Powell kept livestock on the mixed farm, on condition it housed only an active or retired farm or forestry worker, their dependants, widow or widower.

But subsequent changes in farming practices and economics have meant the farm is now largely arable, leaving the house “no longer required for an additional employee”, the application to Herefordshire Council planners says.

Instead for the past 14 years it has been rented out to two different tenant groups with a two month gap for decorating, none of whom were employed in agriculture or forestry.

“As such the occupation is considered to be lawful.” it adds.

The site between Monmouth and Ross comprises a detached three-bedroomed property and garage in its own independent garden and is accessed off the main road by a private track owned by the applicant, which also serves the farm.

Under planning law, if a breach of a planning condition can be shown “on the balance of probabilities” to have continued for over ten years, the condition can be declared null and void.

The application is accompanied by sworn statements from Mrs Powell of Tithe House Farm, Llangarron, her son and two daughters.

These list the occupations of the house’s tenants as factory worker and teaching assistant, then latterly company owner and receptionist/administrator.

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A decision on the bid is due to be made by November 19.