517 planning enforcement actions taken by Bradford Council in 5 years

A total of 71 cases (13.7 per cent) relate to the installation of roller shutters which have been a source of dispute in the district’s conservation areas.

Extensions figure in 79 cases on the Council’s planning portal while dormer windows are involved in 43 enforcements and 37 concern advertisement displays and signage.

ENFORCEMENT CASE: The 6 Acres pub

Just last week we reported on a pub which has been issued with an enforcement notice over claims it is holding weddings and other functions without planning permission.

But L&C Leisure Limited, which runs The 6 Acres on the border of Tong and Drighlington, says it “does not accept” that the use of the site as a function venue is unauthorised, and are “confident” of its legality.

Another enforcement notice has been issued to the owners of a scrap yard and garage on Holroyd Hill in Wibsey which the Council says planning permission needs to be obtained.

The report says: “Negotiations have taken place to control the use and restrict it to the previously established use however this has proved unsuccessful.

“It has now become necessary to commence formal enforcement action.”

The cases are two of the requests for enforcement or prosecution action in a report to the February Bradford Area Panel meeting to be held this week which are typical of those recorded last year.

Action is also being taken against: unauthorised hand car wash and valeting business on the site of the former White Bear Inn at 1222 Leeds Road, Bradford Moor; unauthorised externally-mounted roller shutter at 507 Otley Road, Bolton; unauthorised rear dormer window at 25 Buttermere Road, Bolton; untidy land east of 4 Bell Dean Road, Fairweather Green; unauthorised use of land for the storage of motor vehicles on land east of 12 Horsley Street, Wibsey; and unauthorised porches at 62 Brantwood Road, Heaton.

The process of taking someone to court for breaking planning laws can take up to five years, a Council officer said in August.

The lengthy bureaucratic procedures needed to force people to stick to the laws were laid out to members of the Regulatory and Appeals Committee.

Members heard that 153 enforcement notices were served by the Council in 2017. There is also a backlog of 1,827 outstanding enforcement cases.

Chris Heaton, Planning Development Manager, told the committee: “The enforcement notice figure of 153 is the highest number outside of London.”

Figures showed that the Council took just four people to court for breaking planning laws in 2017, and Mr Heaton added: “It doesn’t mean we aren’t doing work - we’re often negotiating with people. The figure of 1,870 outstanding cases is historically low, I remember about 10 years ago the figure was around 4,000.”

When asked how long it can take for a enforcement complaint to make it to the courts, he said that if planners agree it is a breach, then they will challenge it, giving the person the option to make it right.

He said the person then often submits a new planning application and if that is then refused they have the chance to appeal. Only after that stage can planners serve an enforcement notice and there is the right to appeal that, which could take up to six months.

He added: “By the time we get to a stage when we are able to prosecute them, it could be three, four or five years down the line.”

Councillor Riaz Ahmed (Lib Dem, Bradford Moor), who is a member of the planning committee, said: “We have almost two enforcements a week, far too many.

“It’s very annoying for people who put applications in.

“People are in favour of Bradford Council being stricter on rules, not a free-for-all.

“The message should be put out that we will not stand for this.”

He said residents should look at the information available on the Council’s website and then take the initiative and have a dialogue with planners.

Si Cunningham, of Bradford Civic Society, said: “The Civic Society will always push for the highest standards of design within our city’s conservation areas.

“There are well documented ways of enhancing listed buildings while still incorporating important factors like security and accessibility.

“Streets full of shuttered-up shops after 5pm are doing nothing to help Bradford.”

A Council spokesperson, said: “We take planning breaches very seriously and have a robust system to enforce the regulations.

“However, enforcement is just one tool we use to ensure planning standards are maintained with many cases being resolved without the need for formal action.

“Responses vary depending on the severity of the breach and individual circumstances of each case.

“The vast majority of planning appeals are upheld in the Council’s favour.”

The Council website says the Enforcement Service deals with complaints about alleged unauthorised developments/uses, the display of advertisements without consent, non-compliance with planning conditions and unauthorised works or demolition of listed buildings.

Planning permission is normally required for building works and the change of use of a building though there are important exceptions. Consent is normally required to display an advertisement, or to carry out works to or demolish a listed building.

Where the relevant permission and/or consent has not been granted, and a development goes ahead, or continues, the Council may consider taking enforcement action.

The website says enforcement action will only be taken if all other negotiations have failed, and the Council considers it expedient to take action to remedy the breach of planning control.