Planning inspector makes decision on appeal over Bispham holiday let

The owners of a holiday let business in Bispham have had their appeal dismissed by the Planning Inspectorate after they challenged a council enforcement to cease trading.

The appeal by Mr Kirk Antonio Erskine, Kafe Housing Solutions Ltd was in respect of two adjoining properties, at 3 and 5 England Avenue.

Blackpool Council decreed  that the appellants had changed the use of the property from a private house to a holiday let without planning permission, meaning they were deemed to be in breach of planning control regulations.

The council then implemented an enforcement notice,  requiring the occupiers to cease the use of 3 and 5 England Avenue as a self-contained holiday let.

But an appeal was then lodged, which has ultimately been thrown out by inspector M Ollerenhaw.

The inspector stated: “I note the appellant’s concerns regarding the Council’s handling and investigation of the case, and the nature of the evidence provided by a complainant.

“However, on the basis of the evidence, I am satisfied that the notices meet the relevant statutory requirements for the purposes of validity.

“Accordingly, these matters do not render the notices invalid or affect the issues that are before me.

“The cessation of this use is clearly necessary to remedy the breach. Whilst no substantiated case has been advanced as part of a ground (c) appeal, I note that the appellant has suggested that the use of both properties remains within use class C3 of the Town and Country (Use Classes) Order 1987 (as amended) and does not, therefore, amount to a material change of use.

“The appellant points to the fact that the properties are let as single units and to family groups.

“However, having regard to the pattern and nature of occupation, including the frequency and turnover of short-term stays, I consider that the holiday let use materially differs from that of a single dwellinghouse. I am therefore satisfied that the matters alleged constitute a breach of planning control.

“The mitigation measures suggested by the appellant, including noise monitoring and limitations on the number of occupiers and the length of each stay, together with the availability of licensing controls, would not remedy the breach as the unauthorised use would remain.”