A CAFE created out of a converted shipping container can remain in place after a Government inspector overturned a decision by Bradford Council.
Last summer planning officers at the Council refused a retrospective planning application for a cafe in a car park behind 74 Lilycroft Road.
Officers had described the structure as a "visually prominent and poorly designed feature."
Mohammed Awan lodged an appeal to have that decision overturned, and now a Government appointed planning inspector has approved that appeal.
The cafe was one of many food businesses to open in Bradford in converted shipping containers in the past year.
Bradford Council has taken a dim view of many of these applications, either beginning enforcement action or refusing retrospective planning permission for many of the businesses.
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But this is the second refused application to have been overturned by Government inspectors on appeal, following one on Little Horton Lane last year.
This latest appeal was for a business, Karak & Co, in the shadow of Lister Mills.
When they refused the application, Council planning officers said: "The materials and design of the container are of a poor quality. The structure is out of keeping with the design and appearance of the surrounding buildings, which are built of natural stone with tiled roofs. The steel container and associated decking will represent a visually intrusive feature, and cause substantial harm to the visual amenity of the local environment."
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The decision was overturned this month.
Inspector C Coyne's report pointed out that there were existing containers in the area, and this business could add to this.
But he said: "I acknowledge that the proposal, which from the rear and side appears to be another metal container potentially compounds the negative visual impact of the existing containers in the area.
"However, according to the appellant’s evidence composite cladding would be added to the rear and side elevations in order to mitigate this impact. Given the proposal’s location, height and design, it does not have an adverse visual impact the character and appearance of the area.
"It also brings into use a deadened part of the streetscape on the part of the access road where it is located. Accordingly, I conclude that the proposal does not materially harm the character and appearance of the area."
The Council had suggested that if the appeal was successful, one condition of the planning approval be that the business would have to shut by 10pm as there are houses on nearby Chessum Grove.
However, the inspector felt this condition would be too onerous, and there had been no evidence of the business causing any noise issues in the past.
They added: "Given the fact that the business has been in operation for a period of time, it would be reasonable to think that the development has not caused any unacceptable noise or disturbance to its neighbours. I see no reason why the proposal should not be permitted to be open to a time later than 10pm.
The condition added to the approval is that the business can open between noon and midnight on Sunday – Friday and Noon to 1am on Saturdays and bank holidays.
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