271A Midgeland Road, BLACKPOOL, FY4 5JA

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

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.

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