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Farmer in planning dispute

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By Marc McLean, local democracy reporter
Farming
Farmer in planning dispute

A FARMER is fighting against a decision that is preventing him from building a house on his land in Annan.

James Nelson, owner of Seafield Farm, had sought planning permission in principle from Dumfries and Galloway Council to build a house, and install a septic tank and soakaway on a plot of agricultural land.

He claims that building the property is necessary so that another farm worker can be present on the site 24/7.

However, planning officers rejected the application a couple of months ago on the grounds that a new house at this location is not essential for the agricultural operations of the farming business.

They also argued that the move would contravene the local development plan policy on building in the countryside.

The applicant chose a spot nearly half a mile away from the farm hub because flooding issues were raised at two other preferred locations.

However, the chosen location is also an issue for officers, who said: “The proposed dwelling would also be distant from the established farm hub and therefore would perform a negligible security function. It has, therefore, not been demonstrated that there is a genuine security issue at this site.

“The test of the policy is whether or not a dwellinghouse is ‘essential’ at that location, not merely desirable.

“Additionally, whilst the submitted information makes reference to potential expansion plans, officers must assess the functioning of the business operation on the basis of what is present now, not what might be in the future.

“No clear evidence of the financial viability of the business has been submitted for officers’ consideration in this instance, nor has any clear evidence been provided demonstrating that a new house is essential for the proper functioning of the business and there is a clearly established need for an additional worker to be readily available at such close proximity at most times.”

John MacColl, an agent representing Mr Nelson, argued that the refusal of planning permission will have a “serious adverse impact” on the farming business.

He wrote: “The supporting documents lodged with the application clearly demonstrate the essential need for an additional farm worker to be resident on the farm.”

Mr McColl also insisted that the house cannot be located any nearer to the hub of the farm because of flood risk.

He added: “I cannot believe that the planning officer who has stated that the application site is too far from the hub of the farm is suggesting that the applicant should seek to acquire a house in the settlement of Annan – which is even further away from the hub of the farm than the application site.”

The applicant has lodged an appeal with the council’s local review body. Councillors will consider the case next Tuesday.

Dumfries and West, Front, News

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