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Planning appeal decision

Notice varied and upheld16 February 20223280312

Land at 1356 Leeds Road, Bradford, BD3 8ND

Planning appeal 3280312 at Land at 1356 Leeds Road, Bradford, BD3 8ND (City of Bradford Metropolitan District Council) was allowed in part (a split decision) on 16 February 2022 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether the appellant has shown on the balance of probability that the enforcement notice was not served as required by section 172 of the 1990 Act and there has been substantial prejudice.

without planning permission, the construction of a two-storey front extension and access ramp

Authority
City of Bradford Metropolitan District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Moore D
Postcode
BD3 8ND

Main issues, as the Inspector framed them

  • Whether the appellant has shown on the balance of probability that the enforcement notice was not served as required by section 172 of the 1990 Act and there has been substantial prejudice
  • Whether the matters alleged in the enforcement notice constitute a breach of planning control
  • Whether the steps required by the notice exceed what is necessary to remedy the breach or injury to amenity

What decided it

The enforcement notice's requirement for complete demolition exceeded what was necessary to remedy the injury to amenity caused by the external shutters, which could be adequately remedied by their removal alone.

The decision letter

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The authority’s record since 2016 · every decision in 2022

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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