Reminder for residents after council takes action over unauthorised building work

One of the owners was hit with financial penalties running into tens of thousands of pounds following the separate cases, which both relate to unauthorised building work at domestic properties in Leeds.

In the first case, planning permission was granted in 2017 for side and rear extensions to a property in the Rawdon Road area of Horsforth but once work started it became clear that what was taking shape differed substantially – in design elements and size – from the approved plans.

This, the council noted, meant the finished development had an unacceptable impact on the character and appearance of the area.

Following an unsuccessful application by the owner for retrospective planning permission that would have allowed the extensions to remain as built, the council served an enforcement notice that required them to be modified or removed.

After the owner failed to comply with this notice, the council brought a prosecution which culminated in a hearing at Leeds Crown Court.

Following a guilty plea, the owner was fined £17,000 and ordered to pay the council’s costs, which were in excess of £19,000.

The property is now under different ownership but, despite the successful prosecution, the extensions are still in place.

The council has therefore made clear to the new owner that they must be modified – so they are in line with the approved 2017 plans – or removed.

In the second case, an outbuilding was constructed next to a property in the Selby Road area of Garforth in 2020 without the proper planning permission being obtained.

An application for retrospective permission was refused in 2022 on the grounds that the outbuilding – due to its position and size – was causing harm to the openness of an area that sits within Leeds’s green belt.

An enforcement notice served by the council in March last year required the outbuilding to be dismantled and the resulting material removed from the site.

An appeal by the homeowner against the notice was dismissed by the Planning Inspectorate in October, with the council successfully applying for a full award of costs. The total amount payable has yet to be decided. The outbuilding, meanwhile, has been demolished.

Councillor Jonathan Pryor, Leeds City Council’s deputy leader and executive member for economy, transport and sustainable development, said:

“The council takes its duties as the planning authority for Leeds extremely seriously, with investigations into potential regulation breaches being conducted as quickly and effectively as possible.

“Where it is considered appropriate for us to do so, we will use our enforcement powers to protect the character and appearance of the city and maintain public confidence in the planning system.

“The cases in Horsforth and Garforth have been long-running and complex, and I would like to thank officers involved for the diligence and determination they have shown.

“We hope the results will act as a reminder to people in Leeds that breaches of planning regulations can have significant and costly consequences.”

Matters that can be investigated by the council’s planning enforcement service include developments without planning permission, developments that fail to comply with agreed permission, unauthorised changes of use and unauthorised work on buildings of special architectural or historic interest.

People with concerns about a possible breach of planning regulations can contact the council by e-mailing planning.enforcement@leeds.gov.uk. Further information about the authority’s enforcement work can be found here.

ENDS