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Monday, April 22, 2024

Man fined over extension

A man has been fined for failing to pull down an illegal extension - 12 years after he was first ordered to do so

Bradford Council issued the enforcement notice ordering the demolition of the single storey rear extension to 89 Intake Road, a mid terraced property, in March 2012.

It required the structure to be removed by June 2012.

But years have passed and the extension – built onto another extension, remained in place.

On Thursday, Mohammed Azhar, 57, who owns the house, appeared at Bradford Magistrates Court charged with failing to comply with an enforcement notice.

He pleaded guilty to the charge.

A retrospective planning application for the extension, which extends four metres out of the existing three metre extension, was first submitted in 2011.

Bradford Council refused the plan, pointing out the work effectively extended the property by seven metres and would have an “overbearing impact” on neighbours.

Azhar appealed the decision, but a Government inspector upheld the refusal, agreeing it would impact on current and any future neighbours.

The enforcement notice followed the appeal being dismissed.

In court Ruksana Kosser, prosecuting on behalf of Bradford Council, said: “This goes back to 2012, and the prosecution began in 2022. The Council sent various letters ordering him to bring down the extension and comply with the notice.”

She said he put in a further retrospective application for the extension earlier this year, but the Council declined to consider it.

Jabran Hussain, defending, said the extension was built to house a downstairs toilet. It was needed because Azhar’s elderly parents had mobility issues and could not get to upper floor toilets.

Mr Hussain said: “His parents have since passed away, and he has been hit with problems of his own that have given him serious mobility issues.

“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.

“He lives a law abiding life, this was something he did for his parents.”

Chair of the Bench Mr Carling told Azhar: “The Council has to take enforcement action in these cases.

“You can’t have people building things without permission. This has been going on for almost 12 years.”

Azhar was fined £200 and ordered to pay £800 costs to the Council.

He was also reminded that the enforcement notice would not be lifted until the extension is demolished.

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