5 days Ago
A certificate of lawful development has been issued for the conversion of the six-bedroomed detached house in Hollin Street, Ewood. The planning nod by Blackburn with Darwen Council has been granted to London-based Residential Childcare Community (Town Hall) Ltd. The certificate was approved despite an objection from the authority's children's services department.
A planning officer's report says: "The application site relates to a six-bedroom detached property in Hollin Street, Blackburn. "The site is within the urban boundary, and the area is defined as predominantly residential in character. "A Certificate of Lawful Development for a proposed use is sought, to establish if the use of the property as a residential children’s home for up to four children would be lawful as a residential institution.
"As an application for a Lawful Development Certificate, there is no statutory duty to consult. "Ward members and the council’s housing and care/children’s services department have, however, been consulted. "Children’s services have objected to the proposed provision.
"Their objection is, however, unfounded as the merits of the proposal are not material to the assessment of the application. "The property was built as a 'Special Needs Unit'. "Permission was granted on April 7, 1994, subject to three conditions, none of which apply any specific limitations around use or occupancy.
"As an application considered on the basis of matter of fact and law, planning merits are not relevant. "In order for a Lawful Development Certificate to be granted in this instance, the council must be satisfied that the proposal, on the balance of probability, is in accordance with the statutory provisions of the Town and Country Planning Use Classes Order 1987 in that the proposed use does not require express planning permission. "According to the council’s revenues and benefits/council tax records, the property has been used as a care home facility since at least 2006.
"The property has been listed as empty since November 2021. "The property was marketed recently as a residential institution. "Internal photos of the building confirm details characteristic of a regulated care facility, such as fire doors, fire extinguishers and an adapted bathroom.
"Accordingly, on the balance of probabilities, the site is found to have a lawful use which can accommodate the proposed use. "It is, therefore, recommended that a Lawful Development Certificate is granted.".
