A business director has been accused of trying to “pull the wool over the jurors’ eyes” with his “absurd” defence at Bradford Crown Court.
Mohammed Saeed denies flouting planning rules by running an indoor market without permission and is standing trial with his son, Khalid Saeed, 27.
In November 2010 Mohammed Saeed’s firm, the Italian Furniture Company, bought a large building at Beckside Business Park, Lidget Green. It was operated by DP Furniture Franchising, trading as Tradex.
Saeed, 55, said: “The premises were extremely large and another use was thought of and we decided that we would apply for retail (use).”
A month after the purchase he applied to change the use of part of the building from storage and manufacturing to retail.
Prosecuting for Bradford Council, John Barrett said this was an acknowledgement that A1 retail planning permission was needed to run Tradex.
Mohammed Saeed said Tradex was operating as a bazaar for use by trades people who had to register for a card to access the building and buy items. He said there was a mix of retail and wholesale and that the operation was covered by existing B8 planning use.
Earlier he was asked to explain what a bazaar was. He said: “It means shops or an area where you can go and buy.”
Defending, Simon Pickles asked him: “Does it mean market?”
He answered: “No. The word for that is called mundi.”
Under cross-examination Saeed said the A1 application was to increase the value of the building.
Mr Barrett said: “What I’m going to suggest is the position you’re adopting for this trial is absurd. Because if it was genuinely felt that what you wanted didn’t need planning permission, you wouldn’t have put your application in. This is pulling the wool over the jurors’ eyes.”
Saeed replied: “I say it’s the other way round. The Council is trying to pull the wool over the public’s eyes.”
The defendant said he had experienced problems dealing with the Council.
He said: “We rang the planning officer in charge on several occasions and couldn’t get any information out of him.”
He said he withdrew the application in February 2011 when it became clear it would be refused.
Another planning application was submitted in March 2011 on behalf of Mohammed Saeed by a former Council planning officer.
In May 2011 Mohammed Saeed instructed planning consultants DLP to continue the application after the Council asked for more information.
The application was turned down in May 2011, but he continued to run the business and appealed.
In June 2012 the Council issued an Enforcement and Stop Notice, requiring the company to “cease the unauthorised use” of the site for retail purposes “in the form of an indoor market”.
The court heard that in July 2012 there were still about 148 stalls in use at the Tradex and when Council officers visited they were able to get in without a Tradex card.
Saeed told the jury that anyone aged 18 or more and employed could get a card.
The defendants, both of Moor Farm, Stainbeck Lane, Leeds, deny contravening a Stop Notice, between July 14 and 17, and July 21 and 24, 2012.
The trial continues.
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