A homeowner who was ordered to pull down the extension he built without permission 12 years ago, has finally agreed to do so.
In February Mohammed Azhar, 57, appeared at Bradford Magistrates Court charged with failing to comply with an enforcement notice.
He pleaded guilty to the charge and after having one final planning application rejected he was fined and told the extension, which was built without planning permission, must now be removed.
Council issued enforcement notice in 2012
Bradford Council issued an enforcement notice for the single-storey rear extension in March 2012. The order stipulated that it should be removed by June that same year.
A retrospective planning application for the extension, which extends four metres out of another extension, was first submitted in 2011 but was refused.
Building an extension usually requires planning permission and Bradford Council refused the plan, saying it would have an “overbearing impact” on neighbours.
Why did the council order it to be torn down?
In court, Ruksana Kosser, prosecuting on behalf of Bradford Council, outlined how prosecution began in 2022 after planners sent a number of letters ordering him to bring down the extension and comply with the notice.
She added that Azhar put in a further retrospective planning application earlier this year, but the council chose not to consider it.
The council enacted its Section 70C powers as they stated in the Planning Officer report: "These powers allow the Local Planning Authority to decline to determine an application for planning permission which is the same or substantially similar in principle to an application that is subject to an enforcement notice."
Azhar was fined £200 and ordered to pay £800 costs to the council for failing to comply with an enforcement notice.
Why did the homeowner build the extension?
Jabran Hussain, defending, told the court the extension was built to house a downstairs toilet for his elderly parents, who suffered from mobility issues. They have now died and Azhar retained it as he now suffers physical problems himself.
The lawyer said: “He now understands the only way forward is to comply with the enforcement notice.
“Within two months this extension will be demolished at great expense. A new application will then be submitted to build something the Council will be happy with.”
