Tough action urged over house built without proper consent

Residents and councillors are becoming increasingly frustrated at what they see as a lack of tough action to deal with a house built without proper permission in a garden in Old Park Road, in the Leeds conservation area of Roundhay.

The row goes back to 2007 when householder Wajid Hussain got permission for a double garage and “granny flat” but what followed bore little resemblance to the original plans.

It was much larger, was on four levels and had a basement not mentioned in the original design. Mr Hussain blamed his younger brother, saying he was “unaware of the need for compliance within the planning system”.

Planners originally wanted the building to be demolished – which was backed by a Government planning inspector – but officers fell back from that position in favour of part-demolition and works to bring the building in line with the 2007 permission.

Councillors are meeting on Thursday to hear the latest update on the saga.

Conservationists have told the authority their “failure to resolve this unauthorised development” is calling into question the city’s planning system.

Leeds Civic Trust and Gledhow Valley Conservation have written to the council urging tougher action, saying that failure to act will send out the message that the planning system is weak.

A Civic Trust spokesman said the issue was “of vital importance to the planning of the whole city”, adding: “The planning system is there, amongst other reasons, to protect the environment and the visual character of different parts of the city. It is vital that the planning system works effectively and equitably.”

The Civic Trust claims that if urgent action is not taken “many people will be dismayed and disillusioned with the planning system”.

A council report says the applicant has recently submitted revised plans to make the building more acceptable in appearance, including a reduction in height and planting privet hedges so it is better screened.

This idea has run into problems because it was reliant on the purchase of land from nearby Roundhay School but governors have rejected the suggestion.

The report notes that the applicant has yet to revise the size or footprint of the building.

The report says: “Despite several encouragements to do so there have been no revisions made to the size or footprint of the building since the application’s deferral from the planning panel in May.

“Instead the applicant’s agent has sought to demonstrate that a hedge can be satisfactorily planted...which will give significant screening along the side boundary.”

The report quotes a previous planning inspector’s report which concluded that the harm caused by the development might be lessened by a new hedge but that it would be not be enough to completely overcome that harm.

Councillors say that residents are becoming fed up of the alleged lack of tough action by the council.

Conservative Councillor Matthew Lobley said: “I think the planning department is being far too lenient. If the applicant is not prepared to make substantial changes to the building, I think it should be demolished, which the council should enforce by going to the courts. This really is ruining the reputation of the planning department. It looks bad for the whole council.”

He said the applicant had ignored recommendations made in May relating to reducing the size of the building. Coun Lobley is regularly contacted by residents, most of whom want the building demolished.

The council report concludes that the present proposal represents an improvement in relation to the height of the building.

But it adds: “Members should bear in mind that the Inspector did state that ‘this harm could not be overcome by altering the profile of the roof. The appeal building is simply too large for this site.’”