My extension is ‘illegal’, so I have to take it down, says the municipality
A MAN is furious after being ordered to scrap an £8,000 extension following a 12-year planning battle, despite zero opposition from neighbours.
Mohammed Azhar, 57, added a 13ft extension to his terraced house in Bradford, West Yorkshire, in 2011.
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The extra space was intended for his parents to use as a downstairs bathroom.
But a year later council bosses ordered the father-of-two to demolish the stone structure after his planning application was rejected.
Mohammed refused to give in, and after more than a decade of hard work, Bradford Council took enforcement action in 2022.
The homeowner was taken to court and fined after being accused of failing to comply with an enforcement notice.
He told MailOnline: “My neighbors don’t mind, so what’s the problem?”
“There was a garage here and we converted it into a toilet and shower room. That was to help my parents who had to live with us due to their health.
“They couldn’t go up the stairs to the toilet and I just wanted to look after them.
“It’s not like I built a huge expansion to help myself or to make money. It was just to help my family.
‘I didn’t go to the council to beg for help, I just dealt with it and solved it myself.
“I was just trying to do the right thing for my family.”
Bradford Council refused planning permission in 2011, arguing that the shower room had been added to an existing 3.5 meter kitchen extension.
The council added that Mohammed’s construction had an “overriding impact” on its neighbors, who, according to the property owner, have not said a word about the expansion.
He appealed the decision, but a government inspector upheld the denial.
“They kept quiet for years. Once the council members told me ‘it can be built, you don’t need a building permit,'” Mohammed said of the council members.
“They came out, looked at it for themselves and said not to worry. None of the neighbors have ever complained.
“If you look around here, you see expansions everywhere and people don’t have permission.
“It looks nice, it matches the existing house. It’s not that I used cheap bricks. I’m proud of it because I did it well.
“It’s not too high and it doesn’t go all the way to the border. I don’t see what the problem is.”
After his parents died, Mohammed hoped to keep the extension to help with his own mobility problems, claiming he had difficulty walking upstairs to go to the toilet.
Mohammed pleaded guilty at Bradford District Court and was fined £200, and ordered to pay a further £800 to the council.
Jabran Hussain, defending, told the court: ‘His parents have now passed away and he has been affected by his own problems which have caused him serious mobility problems.
“He now understands that the only way out is to comply with the enforcement order.
“Within two months, this extension will be demolished at great expense. There will then be a new application to build something that the municipality will be happy with.
“He lives a law-abiding life, this was something he did for his parents.”
After the court ruling, Mr Azhar added: “I don’t know what I can do now.
“They’re just going to keep coming back and coming back. It’s going to take a lot of effort to take it down.”
The Sun Online has contacted Bradford Council for comment.
How to appeal and win if your home extension is rejected
EXTENSIONS are a great way to improve your home and save money, as extending is often cheaper than moving.
cheaper than moving.
But any construction work can quickly cause problems with your neighbors if you do not follow the rules.
Andrew Cann, director of Plan immediatelya planning consultancy based in the east of England, said there are ways to appeal if your original application for an extension is rejected.
Here’s what you need to know:
How do you actually appeal?
To appeal, you must prepare a Statement of Case.
This is a document that sets out why you believe the extension should be granted in terms of planning policy. An expert can help you with this, but they will charge costs for this.
This is sent to the Spatial Inspectorate together with an objection form.
This is a government body independent of your local council who will check whether the planning authority that refused you has done so correctly.
Normally there are no costs associated with submitting an objection to the Spatial Inspectorate.
The main costs are the fee you must pay to an advisor or lawyer to prepare and manage the case on your behalf. The amount depends on the case.
How do I win my appeal?
The truth is, there is no guarantee that you will win your appeal – and you should be wary of any attorney or advisor who promises you a victory.
“Any adviser who says an appeal will definitely be won should be avoided,” Andrew said.
That said, there are some tips that can help you on your way to victory.
“Look around – if other homeowners in the area have made similar changes, there’s a good chance you’ll win,” said Andrew.
Another thing to be aware of is that your application may have been rejected due to a technical issue or simply because of a missing detail.
“Sometimes it is worth reapplying with an amended version if the council only wants minor changes. A new application is free within one year of the first refusal,” said Andrew.
But if an appeal is mishandled and denied, it can “destroy” the property and you will not be granted permission in the future.
There are some challenges if you want to appeal.
You must establish that the extension complies with local planning policy and, importantly, will not cause harm to others.