Update on plans for 5 self-contained apartments at properties in Blackpool's North Shore

Proposals by the owner of two adjoining properties in Blackpool’s North Shore to lawfully continue to use them as five self-contained apartments have been approved by planners.

The owner of the buildings at 24 Braithwaite Street and at 7A Clyde Street applied to Blackpool Council planners for a Certificate of Lawfulness.

This would prove that an unpermitted development, building modification, or property use has been in place long enough – continuously for 10 years or more – to be immune from council enforcement action.

Blackpool Council’s Head of Development Management concluded that the evidence was acceptable and granted the Certificate of Lawfulness.

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 was supported by statutory declarations from two long-term occupiers of the property. One of these 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.

What the planning officer said

Approving the application, a delegated report from the planning officer stated: “Based on discussions with occupants during a visit to the site and signed statutory declarations which have been provided by the occupants of Flats 3 and 4, the property has been laid out as existing and occupied as residential flats for significantly more than four years, with the residents of Flats 3 and 4 having been continuous tenants since 2006 and 2009 to present.

“Flats 1 and 2 Braithwaite Street have less evidence available, but the statutory declarations made by the occupants of the other flats do claim that the whole property has been laid out and used as claimed to their knowledge.

“It is judged that sufficient evidence is available to demonstrate, on the balance of probability, that the property has been used as claimed for the requisite period. As such, a Certificate of Lawfulness should be granted.”