51 Charnley Road, BLACKPOOL, FY1 4PE

Main issues, as the Inspector framed them

• Whether the current use of the property falls within use class C1 or constitutes a material change of use (ground c)
• Whether the material change of use occurred more than 10 years before the enforcement notice was issued and continued without significant interruption (ground d)
• The effect of the appeal scheme on the living conditions of neighbouring occupants (ground a)
• The effect of the appeal scheme on the character of the area (ground a)
• Whether the appeal site is a suitable location for the appeal scheme, having regard to relevant development plan policies concerning tourism (ground a)

What decided it

The absence of on-site management, combined with the property being booked out as a whole to large groups with unrestricted access to all parts of the property and minimal provision of prepared meals or services, means the current use cannot fairly be described as a guest house (C1 use) and therefore constitutes a material change of use for which planning permission is required and should be refused due to harm to neighbouring living conditions and character of the area.

The moderate benefits to the local economy from employment and visitor spending were outweighed by the significant harm to the living conditions of neighbouring occupants through noise and disturbance and harm to the character of the area, with the fallback position of a C1 guest house use being significantly less harmful.