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3 Flats Lawful Development Certificate S191 Appeal Success in Blackpool


At HEAL Planning, we are proud to share another planning appeal success story – this time overturning a refusal by Blackpool Borough Council. This case centred on a Certificate of Lawful Development under Section 191 of the Town and Country Planning Act, relating to the use of a property in Blackpool as three self-contained flats.

The original application (ref: 24/0115) had been refused on 13 March. The Council claimed that the evidence submitted did not sufficiently demonstrate four years of continuous use of the property as three permanent flats. They highlighted perceived gaps in tenancy agreements and argued that the lawful use could not be proven.

Our client first approached us through our free, no-obligation consultation service. During that initial review, we identified strong grounds for appeal. We then provided a detailed written proposal, setting out the appeal strategy, so the client could make a fully informed decision. Confident in our assessment, she instructed HEAL Planning to proceed with the case.

We submitted the appeal to the Planning Inspectorate. The Inspector visited the property on 18 August and, after considering all the evidence, issued a decision on 1 September. Crucially, the Inspector reviewed supplementary tenancy agreements and statutory declarations we gathered from both tenants and contractors. This additional material filled any gaps and proved, on the balance of probabilities, that the three flats had been continuously occupied from 2019 to 2024.

The Inspector concluded that Blackpool Council’s refusal was not well-founded. The appeal was allowed, and a Certificate of Lawful Development was granted. The property’s use as three self-contained flats is now officially recognised as lawful.

This case highlights several key lessons:

Local authority refusals can often be overturned when the right evidence is presented.

Supplementary material, such as statutory declarations and supporting documents, can be decisive in filling evidential gaps.

A carefully prepared appeal strategy can transform a refusal into a planning success.

At HEAL Planning, we specialise in handling complex planning refusals, lawful development certificate appeals, and retrospective applications. Our expertise lies in addressing specific reasons for refusal, using both national legislation and local precedent to build robust cases.

If you have received a planning refusal or a negative decision on a lawful development certificate, we can help. We offer:

Free, no-obligation consultations.

Detailed written proposals outlining your chances of success.

Expert management of the full appeal process.

This Blackpool case demonstrates that with the right guidance and evidence, even challenging refusals can be successfully overturned.

If you are dealing with a similar planning refusal, contact our New Case Support team today to see how we can help turn your refusal into an approval.

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Additional Floor Prior Approval Planning Appeal Lambeth Council

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