Land at Low Banks, 18 Nursery Road, BRADFORD, BD7 4LH

without planning permission, the construction of 3no. dormer window extensions to the north facing elevation and 2no. dormer window extensions to the south facing elevation of the property

Authority: City of Bradford Metropolitan District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Householder developments
Inspector: Bartlett R

Main issues, as the Inspector framed them

Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control or injury to amenity (ground f)
Whether the period for compliance of 4 months is reasonable (ground g)

What decided it

The period for compliance of 4 months was unreasonable and fell short of what should be allowed, warranting extension to 12 months to allow proper appointment of a builder and completion of works whilst minimising disruption to the family.

The need to remedy the injury to amenity caused by the breach was balanced against the interests of the appellant and his family, with the extended 12-month period achieving an appropriate balance between these considerations.

Judgments cited: Tapecrown Limited v The First Secretary of State & Anr [2006] EWCA Civ 1744; Mansi v Elstree RDC [1964] 16 P&CR 153

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