AN East Lancashire garage owner can stay in business after councillors overturned their officers' recommendation to reject a backdated planning application for the continued use of the lower ground floor and yard of his home as an auto-repair shop.

The vote to grant approval came despite Hyndburn planning committee on Wednesday being told by its experts that the proposal for 295 Burnley Road, Accrington, was 'out of place in the residential area'.

Mr Tom McVicker can now retain the use of part of the property, near Accrington Cemetery, as a vehicle repair business as it has been since September 2021.

The committee is debated the application at the request of its chairman Cllr Dave Parkins in whose Huncoat ward the Tom's Auto Repairs business is situated.

The proposal had generated three objections from nearby householders on grounds including noise nuisance, disturbance, frequent traffic movements, exhaust fumes, late night arrival of vehicles recovered on break-down trucks and parking.

Nearby resident Jackie Rawstron told the committee that her right to privacy and peaceful enjoyment of her home was harmed by the business.

But another neighbour Marilyn Threlfall said the garage had caused her no problems during its operation.

Cllr Parkins stood down from the committee to call on it to rejected the officer's recommendation and allow the business to continue to operate.

He said: "Before this application there had been no complaints about the premises.

"Mr McVicker has looked at alternative industrial units but as a one man band he would be unable to afford them.

"He will accept any conditions the committee wishes to place on him. 70 per cent of his business is mobile.

"To take food and drink off the table of a well-established and respected businessman strikes me as wrong."

A planning officer's report told the committee: "This is a retrospective application.

"The car repair garage is out of place in the residential area.

"It adversely affects the amenities of the area and is likely to continue to do so in an unacceptable way even if it is restricted by condition"

Peel ward's Cllr Clare Pritchard said: "I am all for business and enterprise but this is a tricky one. It is a dwelling house not a business premises."

Her Overton Labour colleague Cllr Scott Brerton said: "This is a really difficult one. It is quite well hidden. This is someone's livelihood."

The committee voted by eight to three to approve the application subject to appropriate conditions being agreed with chief planning officer Simon Prideaux.

Cllr Parkins said after the meeting; "This is the right decision."

Ms Rawstron said: "I am disappointed."

Baxenden Conservative Cllr Kath Pratt said: "I think they voted with their hearts not with their heads. This is setting a precedent."