‘No evidence that the building has been used as offices’

Plans to keep six offices at a commercial unit have been refused because planners found “no evidence that the building had been used as offices”.

Shahida Farooq applied to Rochdale Council for a certificate of lawfulness for six existing offices at Bridge House, Mellor Street, Rochdale.

The property sits between Mellor Street and Spotland Road and was built over the River Spodden. It had previously been home to a private-hire booking office and light industrial use, both of which had planning permission.

Mrs Farooq’s application says Bridge House has been occupied and operated as commercial offices for approximately 10 years or more, which would allow for a certificate of lawfulness to be issued.

The application added: “Internal refurbishment work has commenced to subdivide the building into six individual commercial units. No material change of use has taken place as all units remain within Use Class E (offices).”

A planning officer’s report stated: “There have been three planning applications associated with the site. Application 94/D30996 was for a change of use from Use Class B1 (Business Use) to Use Class B2 (General Industrial Use). Planning permission was granted subject to conditions.

“Following this, there were two applications in 1999 for the use of the basement as a private-hire booking office and a retrospective application to site a portacabin for use as a private-hire booking office with associated parking and external water closet.

“Google Streetview images from August, 2016, of the front elevation facing Mellor Street show that there were two units. The fascia signs read Langstreth & Hunter Accountancy Service and Conservatory & Garden Furniture.

“The most recent Google images show that the building has been the same from August, 2016, to August, 2024. The same fascia signs are still attached to the building. It is noted that images show that between August, 2024, and August, 2025, windows and the shutters on the building were replaced. The units appear to be empty, and shutters have been down on all the available images for that period.

“Google images also show that from August, 2019, to August, 2021, there were vehicles in a state of disrepair parked within the grounds of the site. It is unclear what the purpose or use of the site was during this period. The images would suggest that the site may have previously been used as vehicle repair shop.

“Officer photographs show walls signs for G1 Automotive installed on the elevation of the building. There is also a large shutter on the elevation and would suggest potential access for vehicles. Nevertheless, available information suggests G1 Automotive is a car sales business and therefore would fall under Sui Generis use.

“Information available on geographic information systems have identified four addresses registered at the property. Three are unnamed and used for industrial purposes a warehouse/storage/storage depot. The fourth is ‘ABN Fashions’ which is identified as workshop/light industrial. This use would be in line with the approved use (Use Class B2) under planning permission 94/D30996.

“As such, it is unclear whether the existing lawful use of the building falls under Use Class E.

“There is evidence to suggest that the building has been used for another use within the Use Class Order within the last ten years and therefore has not been used continuously for a minimum of 10 years within Use Class E and thereby immune from enforcement.”

Refusing the application, the council said: “On the balance of probabilities, and given the lack of any definitive evidence, the application has failed to demonstrate that the premises have been used as an office within Use Class E and in operation for ten or more years as of the date of application.

“Given that the lawful use of the building within Class E is not demonstrated, the development is therefore not lawful within the meaning of Section 191 of the Town and Country Planning Act 1990.”

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