A COUPLE who claim to have been living in a converted agricultural building in Salcombe for more than 10 years have been refused a 'certificate of lawfulness' by planners.
The certificate would have meant their claim was accepted officially and allowed the property, Hangar Farm Bungalow on Beadon Road, to be used as a dwelling from now on.
To gain the certificate for the couple had to prove that they had occupied the bungalow continuously for at least four years.
They provided a statutory declaration, before a solicitor, confirming that they had been living at the property continuously since June 2003, as well as letters from other people in support.
But South Hams Council issued a decision notice refusing the certificate, saying: 'On the balance of probabilities, the building referred to as Hangar Farm Bungalow has not been used for four years continuously as a dwelling house.'
It is believed locally that the couple own a house in Main Road, Salcombe.
Salcombe's mayor Mike Fice said the bungalow began life as an agricultural building some time ago and had been used to house horses, but at some stage had been converted for residential use.
'I think, if you applied for planning permission to build a house there, you wouldn't get it,' he added.
Town councillors were delighted by the decision when South Hams councillor Judy Pearce gave it to them at their most recent meeting. When asked for a response by South Hams, the council felt that bills submitted in support of the application were 'not in keeping with anyone residing at the property over this period of time'.
It also noted that no rubbish had been collected from the property, or post delivered, during the period in question.
Town councillors also felt that, because South Hams Council did not advertise this kind of planning application as widely, those with information may not have been aware of it.
Writing to South Hams Council, the South Hams Society was similarly doubtful about the veracity of the couple's claim, saying it seemed 'very unlikely that this is correct'. It also warned of the danger posed to the Area of Outstanding Natural Beauty by allowing development at this location.
The letter continued: 'Members of the society have walked past the site frequently for the past 10 years and have never seen signs of occupation. On the other hand, members of the society have confirmed that there is every sign that the property the applicants possess on Main Road, Salcombe, is their permanent residence and has been for many years.'