Inspector overturns decision to refuse Chai tea stall on Little Horton Lane

Earlier this year Bradford Council refused a planning application to retain a unit - Chaii Wali - next to Aunt Betty’s Fish and Chip Shop.

The business had been operating since last Summer.

Officers had said the business would cause traffic problems on the already busy road.

But a Government appointed planning inspector has now overturned that refusal - and said the shack can remain open.

They said there was "limited evidence" of Bradford Council's claims that there was a problem with problem parking on the street.

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When the plans were refused, Council planning officers said poor parking around takeaways in this area and other parts of Bradford is a “noted problem.”

Highways officers said although some parking was offered, this was shared with Aunt Betty’s.

They added: “Given the nature of the use, it is unlikely that customers would make use of this parking.

“It is noted in the representations that indiscriminate parking is already occurring as a result of the presence of the current kiosk.

“This is a noted problem around hot food takeaways where the anticipated short nature of the trips gives rise to indiscriminate parking within close proximity of the use irrespective of restrictions."

Naveed Aslam from Aunt Betty's launched an appeal against that decision this Spring. The appeal argued that the chai tea stall is an extension of the fish and chip shop, and would share customers with the existing business, rather than attract new ones.

It says: "The actual proposal is a modest tea kiosk which would share existing customers from the fish and chip shop and has an internal staff only floor area of 11.5m2 with a zero customer floor space increase."

Planning Inspector TJ Burnham had now overturned the Council's decision after visiting the site. His decision letter said: "The concerns over existing indiscriminate parking are noted, although the evidence is limited in relation to the extent that this has limited the free flow of traffic or resulted in any unacceptable impact on highway safety.

"Even in the event that the kiosk would generate some limited additional on street parking, I find it unlikely that this would materially alter the existing situation within the immediate vicinity or create conditions prejudicial to highway safety.

"It follows that the proposal would not have a detrimental impact on the safe and efficient operation of the highway network in the vicinity of the appeal site."

He said he had visited the site to view the traffic issues for himself. He added: "While only a snapshot in time, at the time of my site visit, late on a weekday afternoon, the road was relatively busy. Cars were parked within the highway, both utilising designated on street parking bays and other parts of the highway. However, despite this, traffic appeared to be flowing freely."

A condition attached to the approval says the kiosk will only be allowed to open between 8am and 8pm Mondays to Saturdays and 9am to 6pm on Sundays, Bank or Public Holidays.