Case 3314275

74-76 Town Gate, Wyke, Bradford, BD12 9JB

City of Bradford Metropolitan District Council — appeal dismissed

Outcome
Dismissed
Decision date
10 March 2023
Authority
City of Bradford Metropolitan District Council
Inspector
Hughes L
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr Naeem Khan
LPA reference
22/03553/FUL
ONS LPA code
E08000032
Jurisdiction
Transferred
Link status
Not Linked
Start date
10 January 2023

Summary AI

The appeal for an installation of a shade structure in front of a shop in Wyke, Bradford was dismissed due to its potential harm to the character and appearance of the streetscene. The inspector found that the proposed structure would be a starkly different feature and would draw undue prominence in the character of the street.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

74-76 Town Gate, Wyke, Bradford, BD12 9JB — City of Bradford Metropolitan District Council — Appeal Decision Site visit made on 14 February 2023 by L Hughes BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 10th March 2023 Appeal Ref: APP/W4705/W/23/3314275 74-76 Town Gate, Wyke, Bradford BD12 9JB • 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 Mr Naeem Khan against the decision of City of Bradford Metropolitan District Council. • The application Ref 22/03553/FUL, dated 13 August 2022, was refused by notice dated 10 October 2022. • The development proposed is an installation of shade in front of shop. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the proposed development on the character and appearance of the streetscene. Reasons 3. The property is a detached traditional stone building, comprising a shop at ground floor. The ground floor windows are boarded up externally with advertisements, and goods are displayed for sale on its narrow forecourt area. The building fronts onto Town Gate which is the main street of the Wyke local centre, and which incorporates numerous period buildings of similar materials hosting a range of retail and leisure uses.

Page 1 · Chunk 1 Appeal Decision

74-76 Town Gate, Wyke, Bradford, BD12 9JB — City of Bradford Metropolitan District Council — Appeal Decision Along with strong frontage building lines generally framing the back of the pavement, this creates a predominantly cohesive and traditional character, with long range vistas evident along the street. 4. The appeal proposal is for the erection of a wooden shade structure attached to the building’s frontage, to provide shelter for goods displayed outside. It would consist of wooden struts extending to the back of the pavement, with a UPVC or glass flat roof, and no covered sides. A minimal design has been proposed with the intent to keep the space as open as possible, allow natural light within it, and to not block the streetscape. I accept that the proposed shade would be subservient to its host building and simple in design. 5. However, the proposed structure would not match its host or the general character of the nearby buildings in materials or form, and so would be a starkly different feature on the traditional frontage. As such it would draw undue prominence in the character of the street overall.

Page 1 · Chunk 2 Appeal Decision

74-76 Town Gate, Wyke, Bradford, BD12 9JB — City of Bradford Metropolitan District Council — Appeal Decision The structure would also push the building’s perceived frontage forwards of the strong building line closest to the appeal site on that side of the street, as well as interrupting the https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

74-76 Town Gate, Wyke, Bradford, BD12 9JB — City of Bradford Metropolitan District Council — Appeal Decision The structure would also push the building’s perceived frontage forwards of the strong building line closest to the appeal site on that side of the street, as well as interrupting the https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

74-76 Town Gate, Wyke, Bradford, BD12 9JB — City of Bradford Metropolitan District Council — Appeal Decision Appeal Decision APP/W4705/W/23/3314275 current full height façade of that line. This would also be visible as an obtrusive feature in long range views. 6. In conclusion therefore, the proposed development would result in harm to the character and appearance of the streetscene. This would conflict with policies DS1, DS3, DS5, and CS9 of the Bradford Core Strategy Development Plan Document (2017). These policies aim for proposals to achieve good design and create high quality places, and to ensure that new developments are appropriate to their local context, specifically in relation to scale, materials, and in responding to the existing positive patterns of development which contribute to the character of the area. Other Matters 7. I note the appellant’s photos of other shops which are stated to have gained planning permission for front projections. However, I have not been presented with any further information as to the location or planning context of these shops. I did not identify their location within the immediate vicinity of the appeal site, and my assessment is based on the specific site circumstances of the site and the type of structure proposed for it.

Page 2 · Chunk 5 Appeal Decision

74-76 Town Gate, Wyke, Bradford, BD12 9JB — City of Bradford Metropolitan District Council — Appeal Decision I therefore find that these examples do not form a precedent to weigh in favour of the appeal scheme. 8. While the appellant references that the scheme design was chosen based in part on guidance from the Council, any such guidance does not outweigh the need for my determination to consider the scheme against the development plan. The appellant also references that they would be willing to use other materials if necessary, however, I have assessed the scheme on the basis of the submitted plans. Conclusion 9. The proposal conflicts with the development plan as a whole. With no other material considerations outweighing this conflict, for the reasons given above I conclude that the appeal is dismissed.

Page 2 · Chunk 6 L Hughes

74-76 Town Gate, Wyke, Bradford, BD12 9JB — City of Bradford Metropolitan District Council — L Hughes 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

Character and appearance
Against appellant
¶5

The proposed structure would not match its host or the general character of the nearby buildings in materials or form, and would be a starkly different feature on the traditional frontage.

Highway safety
Neutral

Other
Neutral

The inspector's assessment was based on the specific site circumstances and the type of structure proposed, and the examples of other shops with front projections provided by the appellant did not form a precedent to weigh in favour of the appeal scheme.

Policies relied on

Reference Weight
DS1, DS3, DS5, CS9
Determinative

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 10 March 2023 under the Open Government Licence.