Three 12-bed Preston HMOs seek legal recognition after breaching student only condition

A set of large HMOs in Preston city centre may have been operating unlawfully for more than a decade.

At the end of October, a company called Wolverton Mill Ltd submitted an application seeking a Certificate of lawful use for the three properties at 26 - 61 Adelphi Court on Adelphi Street each as a 12-bedroom house of multiple occupancy with occuptation by non students contrary to its originally planning permission.

The application states the three HMOs have been used “in excess of 10 years without compliance with condition no.3 (student occupancy) attached to planning permission 06/1987/0710”.

As the planning documents go on to explain, permission was granted in October 1987 for the conversion of a former retail shop into bed-sitting rooms.

Condition 3 of that planning permission required the accommodation, now known as 26-61 Adelphi Court, to be solely for the occupation of students.

The application states that the building has been used by non-students for than 10 years and “As a result, by virtue of the time limits set out in Section 171B of the Town and Country Planning Act 1990 the use is now immune from enforcement action, and the use over the passage of time has become lawful”.

As part of the evidence provided to prove this use, the applicant names two long-term residents who are non students.

It also includes a declaration from a Mr Richard Mark Turner, who jointly acquired the freeholld in Febraury 2007.

He states that no student status was required for prospective occupies and the property was not marketed exclusively for student occupation.

Student properties are then exempt from council tax but the applicant has submited council tax statements which identify that council tax has been paid at the property on a continous basis since January 2006.

The propety itself is arranged into three blocks of 12 bedroom HMOs with residents sharing bathrooms but each respective bedroom provides a kitchenette for personal use.

The reason for imposing the student requirement back in 1987 was due to car parking issues.

At the time, the council stated: “The car parking space available would not be adequate to cater for the demand generated by the proposed development unless occupation islimited to students in view of the relatively low rate of car ownership amongstudents and the location of the premises very close to Lancashire Polytechnic.”

Considering the evidence provided in the new application, the applicant ends the planning statement by writing “it is respectfully requested thata Certificate of Lawfulness is granted”.

You can view the full application for yourself, and make any comments if you wish to, online here. The application reference is 06/2026/1083 .

If you wish to make comments, you can do so online via the link above; by e-mail to [email protected] or in writing to the Development & Housing Directorate, Preston City Council, Town Hall, Lancaster Road, Preston PR1 2RL.

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