Property owner in council bid over five apartments in Blackpool

The owner of two adjoining properties close to Blackpool town centre has applied to the council to lawfully continue to use them as five self-contained apartments.

The properties are located at 24 Braithwaite Street and at 7A Clyde Street.

In this case, a Certificate of Lawfulness is required to prove that an unpermitted development, building modification, or property use has been in place long enough to be immune from council enforcement action.

For example, if a property has been used for a specific purpose continuously for 10 years or more.

A Planning Statement in support of the proposals said: “This application is submitted by Vantage Properties Leicester Ltd, the freehold owner of the application site.

“The application seeks a Certificate of Lawful Existing Use or Development, confirming that the property known as 24 Braithwaite Street, together with the associated residential unit located on the same property known as 7A Clyde Street, is lawfully established as five self-contained residential flats.

“The application is supported by documentary, witness and physical evidence demonstrating that the property has operated continuously as five self-contained residential flats for a period substantially exceeding the relevant immunity period.”

The application is supported by statutory declarations from two long-term occupiers of the property. One of these has offered testimony of occupation of Flat 3 since approximately 2006 and says that throughout his occupation the property has operated as four self-contained one-bedroom flats, together with one self-contained two-bedroom flat to the rear

A second tenant has offered evidence of long-term occupation of Flat 4 extending in excess of sixteen years.

The applicants say the tenancy and rent records available indicate occupation extending to approximately seventeen years.

The Statement concludes: “The evidence submitted with this application demonstrates, on the balance of probability, that the property known as 24 Braithwaite Street and 7A Clyde Street, Blackpool, has been continuously occupied and operated as five self-contained residential flats for a period substantially exceeding the relevant immunity period.

“The Local Planning Authority is therefore respectfully requested to grant a Certificate of Lawful Existing Use or Development confirming the lawful use of the Property as five self-contained residential flats.”

A decision on the application is pending.