A WOMAN has been ordered to pay over £2,000 after failing to pull down an extension that was built without planning permission.

And a court heard that it could cost her over £6,000 to complete work that would make the extension acceptable.

The decision has lead to a warning that Bradford Council will pursue action against any planning breaches - although the length of time the case took to get to this stage highlights how long the enforcement process can take. 

The unauthorised extension to 21 Hampden Street was built five years ago, and neighbours had complained about the work to Bradford Council.

On Tuesday Maqsood Begum appeared at Bradford and Keighley Magistrates Court to plead guilty to breaching an enforcement notice, and Magistrates were told that over the course of five years she had exhausted every avenue of the planning process to try to keep the extension in place.

The court heard that the rear extension was built in 2015 without planning permission. The single storey extension is 3.5 metres deep - any extension that reaches out beyond 3 metres requires planning permission.

'There is no point us having a policy if we are not going to follow it.' - Councillors refuse dormers plan

The Council wrote to Begum, 55, to inform her the extension was unauthorised, and she would have to take action.

She submitted a retrospective planning application in December 2015, but this was refused by the Council because of the impact the extension would have on neighbours.

She then lodged an appeal against this decision. However a Government planning inspector backed the Council's decision, raising similar concerns.

In August 2016 an enforcement notice was served, informing her she would have to remove the extension, or reduce its size, by that December.

She then exercised her right to appeal that enforcement notice, and again a planning inspector sided with the Council.

When she was interviewed about the breach of an enforcement notice, she told the Council that she was unemployed, and could not afford to carry out the works.

Harjit Ryatt, prosecuting, said: "This is a long standing issue that first came to our attention in 2015.

"The Council is sympathetic with the defendant, but before this was constructed she should have made sure it was compliant with planning permission.

"This unauthorised extension has remained in place for over five years and has had a detrimental impact on neighbours."

Mr Khan, defending Begum, said: "It is down to a misunderstanding on her behalf.

"She says she was given advice by the builder that this was allowed under permitted development.

"She has exhausted all the appeals she is allowed.

"It is not the case that this was done with bad intentions. It is her intention to get the work done to fix this, but she has been struggling.

"She apologises to her neighbours for causing distress."

He said Begum had been given an estimate that to move the extension back by half a metre would cost £6,200, due to the need to lay new foundations, fit a new roof and the kitchen fittings in the extension moved.

If she does not get the work done, the Council can continue enforcement action until the work is put right, or the extension is demolished.

Presiding Justice Glen Armstead said: "It has taken a long time to get to this point, and numerous appeals have been dismissed."

She was fined £120 and ordered to pay £1,851 costs to the Council, as well as a £30 surcharge.

The court heard that Universal Credit was her only income, and she could only pay these costs off at the rate of £20 a month.

After the case, a Bradford Council spokesperson said: “We always investigate breaches of planning control and take action where necessary. Enforcement is just one of the ways we ensure planning standards are maintained. In many instances the matter can be resolved without taking formal action. Court action is a last resort when all other negotiations have failed. But it is an important tool against those who refuse to follow with the rules.

“Our website has lots of information for householders to find out if they need permission for any work they are thinking of doing and I would urge people to always check before starting any work.”