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Planning appeal decision

Notice upheld12 March 20243318621

271A Midgeland Road, Blackpool, FY4 5JA

Planning appeal 3318621 at 271A Midgeland Road, Blackpool, FY4 5JA (Blackpool Borough Council) was dismissed on 12 March 2024 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether, at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control on the basis that the material change of use took place more than four years before the notice was issued and continued throughout that period.

Material change of use of a single storey outbuilding to a single private dwelling house

Authority
Blackpool Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Whitfield J
Postcode
FY4 5JA

Main issues, as the Inspector framed them

  • Whether, at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control on the basis that the material change of use took place more than four years before the notice was issued and continued throughout that period
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

The appellant failed to demonstrate continuous use as a dwelling throughout the four-year immunity period, with substantial gaps in evidence post-2018 and the LPA's inspection findings indicating non-continuous residential occupation.

The decision letter

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The authority’s record since 2016 · every decision in 2024

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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