A MOSQUE which has been operating without planning permission for the last 10 years has been allowed to remain open.

The Aleef Mosque in Higher Swan Lane, Bolton, opened in the same building soon after the launch of a religious madrassa and language teaching centre, for which permission was granted.

But despite the objections of more than 30 residents, some of whom turned up to hear the application at the council's planning committee yesterday, a Certificate of Lawfulness was granted because the mosque had been in continuous use for at least 10 years.

Cllr David Wilkinson told the committee: "This application absolutely sucks but because 10 years have gone by we are stuck with it."

The mosque and madrassa is in a former shop in a parade of terraced houses in Higher Swan Lane, Daubhill, in a predominantly residential area.

Councillors originally granted planning permission in 1992 for the madrassa only, but Mohmed Mangara, speaking on behalf of the applicants, said it was being used as a mosque within months.

After the meeting, Eileen Barlow, of the Sunnyside Tenants and Residents Association, said: "We are very angry. They have broken the law and got away with it."

She had earlier told the committee that the centre's leaders had misled the community by telling them they had planning permission for both a mosque and madrassa.

"The residents have put up with this nuisance for too long we want to live in peace and quiet once more," she said.

Under Section 91 of the Town and Country Planning Act, precise and unambiguous evidence that a building has been used for a lawful purpose for more than 10 years means it must be granted a licence for that use.

Bolton Council of Mosques provided a letter to the council stating that the premises had been used as a mosque and madrassa since 1993.

And 12 mosque members signed affidavits stating that they attended Jummah prayers there in 1993.

The application was passed on the condition that traffic management and parking are monitored in the area and that the emergency services and health and safety authorities are informed.

Afterwards Ahmed Patel, a member of the mosque, said most people in the local community backed the application. He said: "There are a handful of people who are trying to cause trouble for us."