Blackpool Council has rejected an application for a Certificate of Lawfulness to operate an HMO at 62 Regent Road, citing changes to planning rules implemented in 2022. The property owner argued the conversion to an HMO occurred before the new regulations took effect.
An application seeking lawful approval to use a Blackpool property as an HMO for up to four people has been refused. Blackpool Council planners rejected the proposals for a Certificate of Lawfulness in respect of operating a house of multiple occupation at 62 Regent Road.
A Certificate of Lawfulness from a local planning authority confirms that an existing, proposed, or past development or use of a buildings is legal for planning purposes. It protects against enforcement action and is often used when selling property , confirming proposed works don’t need formal planning permission.
A supporting statement on behalf of the proposals said the application was made on behalf of the property owner, Charles Alexander Estates LTD, and that the property was managed by Charles Alexander Property LTD. Th statement, by architectural consultants Abbot Hull Associates, argued that the property was converted from a dwelling house to an HMO before Blackpool Council change is rules, meaning the current use was lawful, The authority implemented an Article 4 Direction on October 3, 2022, which made it mandatory to apply for planning permission to change a property from a single-family home to an HMO.
The statement said: “The company has owned the property since August 31 2021 and has operated 62 Regent Road as a 4-bed house in multiple occupancy since August 10 2022.
“The property was converted from a dwelling house to a HMO lawfully, prior to the borough wide Article 4 Direction restriction came into force. “The current use is not in breach of a planning condition; therefore, it should be deemed lawful. A Certificate is requested for use as: 4 bed Home of Multiple Occupancy.
Bu he planning officer concluded: “Though it is judged that it is likely based on the evidence available that the property did change to a C4 HMO in August 2022, it is not judged that sufficient evidence is available to demonstrate, on the balance of probability, that the change of use was lawful at the time, and that the current existing use of the property is therefore lawful. ”As such, a Certificate of Lawfulness cannot be granted.
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