388 Vicarage Lane, BLACKPOOL, FY4 4LP

use of premises within use class A3 (food and drink) without complying with a condition attached to planning permission Ref 03/0436 dated 27 June 2003

Authority: Blackpool Borough Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: retail · Minor retail and services
Inspector: Hughes L

Main issues, as the Inspector framed them

Whether the original 2003 planning permission for use class A3 is still extant, given the dispute over whether the premises were implemented as a café or hot food takeaway and whether the use subsequently changed to a sandwich shop (A1) under permitted development rights

What decided it

The conflicting evidence regarding whether the premises benefited from a lawful use as a hot food takeaway under the 2003 permission meant the Inspector could not determine a section 73 appeal without first establishing the lawful use through a Certificate of Lawfulness application.

Plan policies cited: Local Plan Policy E13

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