A businessman and his son, motivated by profit, showed a “cynical disregard for planning control” by running an illegal indoor market in Bradford, a jury heard.
Mohammed Saeed, 55, and his son Khalid Saeed, 27, are accused of flouting planning law to change their business premises use from storage to retail.
Prosecutor John Barrett, representing Bradford Council, told a trial at Bradford Crown Court yesterday that the large premises at Beckside Business Park, in Beckside Road, Lidget Green, Bradford, were owned by the Italian Furniture Company, which was operated by Mohammed Saeed.
The company had purchased the premises in December 2010 for £1,350,000 and the premises were operated by DP Furniture Franchising, trading as Tradex, another Mohammed Saeed company.
Khalid Saeed styled himself as a manager of Tradex, the prosecutor said.
Mr Barrett said that at the time of the purchase of the building, the Italian Furniture Company submitted a planning application to the Council for permission to change the use from storage and manufacturing to retail.
The application was withdrawn when it became clear it would be recommended for refusal, but a further planning application was submitted in March 2011.
Council officers recommended that planning permission be refused because it was clear the Tradex site’s operation was having a profound effect on markets in the city centre. There were also concerns about highway safety.
The Council issued, in June 2012, an Enforcement Notice and a Stop Notice, requiring the company to “cease the unauthorised use” of the site for retail purposes.
Mr Barrett said the issuing of a Stop Notice was unusual, and was the first issued by Bradford Council in 20 years.
He said the company controlled by Mohammed Saeed had appealed against the Enforcement Notice, but Mr Barrett claimed the company accepted that planning permission was required for the breach of planning control alleged.
Mr Barrett said: “The undeniable fact that they have not sought to appeal the Enforcement Notice on the grounds at (b) or (c) of the 1990 Town and Country Planning Act demonstrates a cynical disregard for planning control.
“The motivation is the very significant financial advantage to them, and is the rental collected from the stallholders in these premises. The longer that the activity can continue unmolested an unhindered by the Local Planning Authority, the more money is made by these defendants.”
The defendants, both of Moor Farm, Stainbeck Lane, Leeds, plead not guilty to contravening a Stop Notice, between July 14 and 17, and July 21 and 24, last year.
Mr Barrett said that on both occasions Council officers were able to attend the premises without hindrance.
He added: “Their evidence will show that the retailing activity in the building was laid out for customers like an indoor market or bazaar with stalls retailing a range of goods with a predominant eastern theme.”
The trial continues.
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