Case 3280214

Food Court, Ingleby Road, BRADFORD, West Yorkshire, BD8 9AN

City of Bradford Metropolitan District Council — appeal dismissed

Outcome
Dismissed
Decision date
14 December 2021
Authority
City of Bradford Metropolitan District Council
Inspector
Hunter J
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor retail and services
Appellant
Ingleby Park Holdings Limited
Agent
Mr Nigel Baxter
LPA reference
21/02123/FUL
ONS LPA code
E08000032
Jurisdiction
Transferred
Link status
Not Linked
Start date
11 August 2021

Summary AI

The appeal for a covered external dining area at the Food Court in Bradford was dismissed due to concerns over car parking arrangements and the impact on existing uses with regard to access and plant equipment.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Food Court, Ingleby Road, BRADFORD, West Yorkshire, BD8 9AN — City of Bradford Metropolitan District Council — Appeal Decision Site visit made on 2 November 2021 by J Hunter BA(Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 14 December 2021 Appeal Ref: APP/W4705/W/21/3280214 Food Court, Ingleby Road, Bradford, West Yorkshire BD8 9AN • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Ingleby Park Holdings Limited against the decision of City of Bradford Metropolitan District Council. • The application Ref 21/02123/FUL, dated 22 March 2021, was refused by notice dated 16 June 2021. • The development proposed is described as proposed first floor covered external dining area. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are i) the effect of the proposal on car parking arrangements and ii) the effect of the proposal on the functioning of the existing uses with regard to access and plant equipment. Reasons Car Parking 3. The appeal building is a detached building that is divided into separate commercial units housing a range of eateries and takeaways. It sits centrally within a large area of hardstanding that it utilised as carparking for the various businesses.

Page 1 · Chunk 1 Appeal Decision

Food Court, Ingleby Road, BRADFORD, West Yorkshire, BD8 9AN — City of Bradford Metropolitan District Council — Appeal Decision I saw during my site visit that there further single storey detached building in the south-east corner of the site. At the time of my visit this building was operating as a café with a drive through element, resulting in the front portion of the carpark being coned off. 4. The submitted design and access statement describes the carpark as having 73 spaces although I saw during my site visit that this has not been marked out and there are no plans that show the layout of the carpark. It is also unclear whether the spaces that were coned off for the use of the drive through were included in the calculation of the 73 spaces. The appellant states that the proposal would require 13 car parking spaces leaving 60 spaces for the remaining businesses, but it does not provide any breakdown of how those spaces may be allocated or indeed what requirement each of the businesses has in terms of car parking. 5. The Highways Department have commented that there is insufficient information to enable them to reach a conclusion on the appropriateness of the https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Food Court, Ingleby Road, BRADFORD, West Yorkshire, BD8 9AN — City of Bradford Metropolitan District Council — Appeal Decision Appeal Decision APP/W4705/W/21/3280214 car parking arrangements and based on the information I have before me and from what I saw during my site visit I would concur with this view. 6. Consequently, I cannot be certain that the proposal would not have an unacceptable effect on carparking, in this regard the proposal would fail to accord with the requirements of Policy TR2 of the Bradford District Core Strategy Development Plan Document 2017 (DPD). This policy requires proposals to, amongst other things, take a design led approach to parking that is well integrated within the overall layout so that it supports the street scene and local character and creates a safe and pleasant environment. Existing Uses 7. The appeal building has a series of glazed shop fronts at ground floor and a tall steeply sloping pitched roof above. On the southern gable there is a large single storey glazed extension and to the rear there is a single storey extension with a flat roof. 8. The proposal would see the development of a covered seating area above the existing rear extension as well as an external staircase alongside its southern elevation.

Page 2 · Chunk 3 Appeal Decision

Food Court, Ingleby Road, BRADFORD, West Yorkshire, BD8 9AN — City of Bradford Metropolitan District Council — Appeal Decision The submission details indicate that a new seating area would be used by patrons of ‘Mother Hubbard’s’ which from what I could see on site, is located in the glazed extension at the side of the main building. 9. I have been given first floor plans of the building which show the top portion of an internal staircase however, I have not been provided with ground floor plans that would confirm where the staircase finishes on ground floor. I note that the Council state this internal staircase finishes in the unit adjacent to ‘Mother Hubbard’s’ and therefore it is unclear how the internal access arrangement will work in relation to the proposed seating area. I except that separate access via the external staircase may be an option, but it is not clear how the extension and the existing ’Mother Hubbard’ premises would be linked as it is not shown on the plans. 10. Furthermore, I saw during my site visit that there was a series of ventilation chimneys and a small extraction unit on flat roof, in the location of the proposed seating area. I have not been provided with any information in relation to how this plant may be repositioned but clearly its removal could have implications for the existing uses at the premises.

Page 2 · Chunk 4 Appeal Decision

Food Court, Ingleby Road, BRADFORD, West Yorkshire, BD8 9AN — City of Bradford Metropolitan District Council — Appeal Decision I note that the Council’s Environmental Health Office has raised concerns in this regard. 11. I cannot therefore be certain that the proposal would not result in an unacceptable impact on the functioning of the existing uses with regard to access and plant equipment. This would be contrary to the environmental protection and inclusivity requirements of DPD Policies EN8 and DS5 respectively. Conclusion 12. There are no material considerations that indicate the application should be determined other than in accordance with the development plan. Therefore, for the reasons given above I conclude that the appeal should be dismissed.

Page 2 · Chunk 5 J Hunter

Food Court, Ingleby Road, BRADFORD, West Yorkshire, BD8 9AN — City of Bradford Metropolitan District Council — J Hunter INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Parking
Against appellant
¶5

The Highways Department and the inspector agreed that there was insufficient information to enable them to conclude on the appropriateness of the carparking arrangements.

Living conditions
Against appellant
¶11

The proposal could result in an unacceptable impact on the functioning of the existing uses with regard to access and plant equipment.

Policies relied on

Reference Weight
Policy TR2 of the Bradford District Core Strategy Development Plan Document 2017 (DPD)
Substantial
DPD Policies EN8 and DS5
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 14 December 2021 under the Open Government Licence.