Inspector dismisses Summerville Road business' planning appeal

Last year Bradford Council issued an enforcement notice against the owners of Alvi's on Summerville Road.

They argued that the unit had been converted from a shop to a hot food cafe without planning permission.

A retrospective application for the business was submitted and had failed.

Council officers said there was inadequate parking in the area for such a business.

Muhammad Mahboob Hussain appealed both the refusal and enforcement notice, arguing that the business was a sandwich bar, not a cafe/take away, and that hot food and dining in was not the main thrust of the business.

However, a government planning inspector has now dismissed that appeal.

Planning inspector Elaine Gray made her decision after visiting the business.

Man 'buried head in sand' after being issued enforcement notice

Her decision said: "The appellant contends that his business is analogous to a sandwich bar, albeit with a South Asian take on the concept.

"He confirms that the business sells some hot foods, and that these are reheated for sale, rather than cooked on site.

"Although it is stated in the written evidence that the only cooking facility available is a microwave oven, I also saw on my visit a sizeable hot plate in the front window, with an extractor hood above."

The inspector also found tables for 16 customers in the unit - adding: "The appellant states that these seats are primarily for the use of customers awaiting their orders."

She said she was convinced the business was a cafe/take away.

They added: "I consider that a business comprising a combination of eat-in and takeaway food sales is likely to generate a significantly greater number of trips to and from the premises throughout the day and into the evening.

"As a result, there is likely to be a subsequent increase in demand for parking in the area, and in disturbance for nearby residential occupants, given

that no dedicated parking spaces are provided for the development."