Trinity Lounge restaurant extension in Wakefield could be demolished over claims it blocks passageway

Wakefield Council refused permission for the covered seating area which has already been built at the side of Trinity Lounge, on Brook Street.

Nearby business owners and members of the public objected to the scheme claiming it has harmed trade and blocks a well-used route through the city centre.

Council planners said the structure obstructs a passageway between Brook Street and Smallpage Yard and is a “harm to public safety”.

Complaints were made to the local authority that elderly and disabled people are unable to access the alleyway as it is now too narrow.

The applicant, Paul Smith, has a right to appeal the decision to the Planning Inspectorate.

The council can use enforcement powers ordering the extension to be removed if an appeal is not made or is dismissed.

A report describes the extension as “out of character” and says it “does not represent high-quality design”.

A highways officer said the extension has been built over part of a passageway which is not classed as a definitive right of way but there may be “long-standing accrued rights of access”.

Historic maps suggest it has been used since at least the early 1950s when the building was the Fleece Inn pub.

The officer said: “In such circumstances, the extension would represent obstruction of pedestrians under the Highways Act and would lengthen some journeys, such as to and from the nearby facilities and services, including a taxi private hire office.”

Eight members of the public and a local councillor objected to the application.

One objector said: “The blockage has made it harder for people to access the taxi rank and cut through to access the shops.

“It is not fair to block the public’s access for the benefit of one business.”

Another said: “The application interferes with the long-established pedestrian route between Brook Street and Union Street.

“This route has been in use for at least 50 years. I can recall using it as a child.”

A third complaint states: “This used to be a nice clear walkway for all businesses on Brook Street and pedestrians gaining access to taxis.

“It is no longer a safe walkway.

“I don’t know why this has been allowed. Something needs to be done.”

One comment in support of the development was received from a trader who said: “It has stopped people from using it a public toilet and has actually helped with problems I had behind my shop with youths drinking and smoking.”

Mark Lynam, the council’s corporate director for regeneration and economic growth, said the application was received in November and objections by members of the public were reviewed before a decision was made.

Mr Lynam added: “The alleyway is not currently registered as a public right of way but this could change if an application was submitted to the council, asking for this to happen.

“This is a separate process to the planning application, and the assessment would focus on the length of time it has been used by the public.”