Unrestricted residential use at New Creamson, Creamston Road, Haverfordwest

What was proposed

The application sought removal of an agricultural occupancy condition so the dwelling could be used without that restriction.

“This application is made under Section 73 of the Town and County Planning Act 1990 and seeks to remove an agricultural occupancy condition imposed on the outline planning permission granted under Local Planning Authority (LPA) reference D2/93/990. The subject condition, as approved by D2/93/990 reads:”

“The application requests that the above condition be removed from the planning permission to allow for unfettered residential use of the subject dwelling.”

Officer report

The site

The property is a two-storey detached dwelling with a garage and farm buildings in the countryside east of Haverfordwest.

“The application site is located in the countryside, 1.5km east of Haverfordwest and comprises an irregularly shaped parcel of land, occupied by a two-storey detached dwelling, detached garage and farm buildings, all set back from the…”

Officer report

Planning history

Earlier permissions established the agricultural dwelling and occupancy restriction, while a 2025 certificate addressed non-compliance with that condition.

“Outline Planning permission reference D2/93/990 – Retention of dwelling whilst varying condition 9 of consent for dwelling at New Creamston. Granted 7 th April 1994, subject to the following condition:”

“25/0164/CL – Certificate of Lawfulness – Non-compliance with agricultural/forestry occupancy condition granted under D2/93/990 (linked to D2/89/1527 and (D2/88/1474) granted, 26 th June 2025..”

Officer report

Officers’ recommendation

Officers recommended approval because the lawful development certificate was a substantial material consideration outweighing conflict with countryside policies.

“The property has been occupied for over 10 years in breach of the occupancy condition and now benefits from a Lawful Development Certificate (LDC) (LPA reference 25/0164/CL). The LDC was granted as it had been demonstrated on the balance of probability that the required timescale of at least 10 years had elapsed.”

“Whilst it is theoretically possible that a future purchaser might comply with the occupancy condition, meaning that the Certificate would fall away, the consequences of such an action would result in a loss of upwards of 30% of the value of the property. The very low likelihood of this course of action is such that the fall-back position associated with the Certificate is a material consideration sufficient to outweigh the conflict with planning policy.”

Officer report

Consultation and representations

The community council supported the application, and no third-party representations were received.

“No third-party representations have been received…”

Officer report

Who addressed the committee

The planning officer presented the application, and the agent addressed the committee.

Committee discussion

Members had no questions and proceeded to the vote without a debate.

“As there were no questions from Members, they proceeded to the vote without a debate.”

Minutes

The vote

The motion to approve was carried with nine votes for, no votes against and no abstentions.

“The vote, undertaken by way of a roll call, was carried. The votes were recorded as follows:”

“There were no votes against or abstentions.”

Minutes