Appeal Part Allowed — the UK
APP/W4705/C/25/3376540
6 Duckworth Lane, BD9 5EP
The appeal decision concerns a breach of planning control at 6 Duckworth Lane, Bradford, where the appellant, Mr. Dara Sharif, contested an enforcement notice issued by the City of Bradford Metropolitan District Council. The notice alleged an unauthorized change of use from a bank to a mixed hot food takeaway and restaurant, requiring cessation of the takeaway component within two months. The main issue was whether the mixed use constituted a material change of use requiring planning permission. The appellant argued that the takeaway aspect was incidental to the primary restaurant use, thus not constituting a material change. However, the Inspector noted that the hot food takeaway is classified as a sui generis use under the Use Classes Order, distinct from the restaurant use. The Inspector found that the evidence presented by the appellant was insufficient to demonstrate that the takeaway component was merely incidental. Observations from the Council and local residents indicated that the mixed use significantly impacted traffic and noise levels, further supporting the claim of a material change. The Inspector concluded that the mixed use constituted a breach of planning control and dismissed the appeal. The enforcement notice was upheld with corrections to clarify the nature of the breach and the requirements, specifically to cease the mixed use by ending the hot food takeaway component.
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