Last updated 16:00, Wednesday, 07 May 2008

A LAMPLUGH farming family moved into a barn conversion that had only been given approval for use as a holiday let.

But because Copeland council had failed, for four years, to enforce any action against the use of the property, the family now has the right to use it as a permanent dwelling.

Copeland Planning Panel, meeting last week, heard about the matter when the owner of the converted barn, Philip Salkeld, applied for a certificate of lawfulness for the barn conversion, which is at Low Leys farm.

Tony Pomfret, head of development services, said: “The onus is on the applicant to prove their case on the balance of probabilities.” Mr Salkeld produced copies of phone bills and council tax bills to prove he had used the holiday property for four years.

The new barn conversion was given permission as a holiday let in 2002.

In a declaration to the meeting Mr Salkeld said: “As work progressed on the site it became clear to myself and my wife that the new house under construction provided a far better standard of accommodation for our purposes than the existing farmhouse.

“We therefore decided to move into the new unit when it was completed and use the original farmhouse... for holiday letting purposes.”

Coun Henry Wormstrop said: “Someone is working the oracle here.”

Coun Joan Hully challenged one aspect of the case when she pointed out: “When you look at the phone bill there is just nine pence spent on calls. How permanent can it have been if they just spoke for just over one minute?”

But the council accepted officer guidance and accepted the grant of a certificate of lawfulness. This means the owners could, if they wished, sell the converted building without any holiday let restriction.