On the 25th September 2020, a Lawful Development Certificate application was submitted by Thrive Educare Ltd in relation to the proposed change of use of No.23 Aintree Drive, Lower Darwen as “ a home to provide care and support (Use Class C2) for no more than three children and two adult carers resident at the property at any time.”  
 
This petition requests that all activity at the site is suspended and the local planning authority revoke the issuing of the lawful development certificate 

The grounds for this petition are as follows:

The applicant is in breach of a restrictive covenant to number 23 Aintree Drive, which states that:
 
The dwelling is "not to be used for any purpose other than or incidental to private dwellings."

The same type of application has already been successfully challenged elsewhere in the borough, with very similar objections that were unchallenged by the applicant.

The application has not been commissioned by the Council's Strategic Commissioning Service, it is possible that the applicants have confirmed the placement through Lancashire County Council however at the time of this petition being prepared a response has not been received from a freedom of information request submitted to Lancashire County Council.

It is recommended that any commissioning department within the Council require any applicant intending to use non-Council owned property for the provision of the commissioned service provide information and where appropriate provide a declaration from the applicant’s legal representatives confirming that there are no restrictions or encumbrances that would could potentially affect the commissioned service, which has not been met by the applicant.