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A homeowner must tear down a two-storey extension she built without planning permission – and pay a £20,000 court bill, a judge has ruled.
In May 2021, the town hall’s planning enforcement team said they became aware of a potentially illegal extension being built at a property on Birchfields Road in Fallowfield, Manchester.
Officers soon discovered that the owner of the property, Michelle Naimah Sharif, had not obtained any planning permission and as such was ordered to cease construction immediately.
Despite this the council claimed that the work on the extension continued into the summer, leading to council bosses issuing a planning enforcement notice on June 22, 2021, ordering the works to be demolished.
At a hearing at Manchester Magistrates’ Court on Tuesday Ms Sharif admitted to violating the Town and Country Planning Act 1990 and was ordered to pay a fine of £5,000, an additional victim surcharge of £2,000 and the town hall legal expenses for £12,745.
Adding the order to demolish the extension still stands.
Michelle Naimah Sharif, pictured, had not obtained any planning permission and as such was ordered to cease construction immediately
In May 2021, the town hall’s planning enforcement team said they became aware of a potentially illegal extension being built at a property on Birchfields Road in Fallowfield, Manchester (above)
Officers soon discovered that the owner of the property, Michelle Naimah Sharif, had not obtained any planning permission and as such was ordered to cease construction immediately
The town hall had said they offered an option to Ms Sharif that allowed a single-storey extension to be built, in line with previously-granted planning permission.
But rejected a subsequent application to keep the whole development. This rejection was then appealed by the homeowner.
The appeal, the council said, was dismissed by the planning inspector in February 2022.
The inspector said the unauthorised development ‘is out of keeping and it is poorly related to the rear [of the property]’
They continued: ‘It is visually obtrusive and discordant and it is not sympathetic to its host or the surrounding built environment.
‘It does not contribute positively to a strong sense of place and it detracts from the overall quality of the townscape.’
The town hall said the inspector also pointed out harm caused to the living conditions of nearby residents due to the works.
The town hall had said they offered an option to Ms Sharif, pictured, that allowed a single-storey extension to be built, in line with previously-granted planning permission
At a hearing at Manchester Magistrates’ Court on Tuesday Ms Sharif admitted to violating the Town and Country Planning Act 1990
Despite extensive engagement and the decision of the planning inspector, the council said the planning enforcement notice, was still ignored – forcing them to seek legal measures.
Councillor Gavin White, executive member for housing and development, said: ‘This has been a long-running saga caused by the inexplicable refusal of this homeowner to comply with a legal order.
‘Planning law is incredibly important and is put in place to protect the rights of residents as well as preserve the amenity of communities which could be negatively impacted by a rogue development.
‘In this case, the council’s position was fully vindicated by the planning inspector and then the District Judge.
‘We will continue to ensure this extension is demolished and that this case is finally resolved.’