A man has been ordered to pull down the garden wall of one of his properties and pay thousands after failing to comply with a planning enforcement notice. Magistrates told Khan Mahmood Khan he would need to pull down the large wall and gate outside his property by June 8, or he would be brought to court again to face further action.
Khan, from Yorkshire, appeared at Bradford and Keighley Magistrates Court on Thursday charged with breaching an enforcement notice. He claimed he needed the large wall because he had a “big dog." Magistrates were told that Khan had carried out work that included paving over the garden at the front of the property and building a large wall with ornate balls on top and a customised gate. Other homes on the street have smaller, “dwarf” walls.
An enforcement notice issued in 2021 said he needed to comply with planning law by making sure his wall was no taller than one metre and that the large driveway be replaced with porous materials. When asked what his plea was, Khan said: “Guilty, but it’s not my fault.”
Ruksana Kosser, prosecuting on behalf of Bradford Council, said the enforcement notice was issued by the Council following an investigation. Khan appealed this notice, but a Government inspector dismissed that appeal.
He then submitted a retrospective planning application for the work, but Bradford Council refused to consider this application, as they had already started enforcement proceedings and that Khan’s appeal had already failed.
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Mrs Kosser said planners felt the wall was an “incongruous feature” in a street characterised by dwarf walls and grassed front gardens. The notice took effect from November 2021, and would need to be complied with by May 2022 – the court was told.
Mrs Kosser said: “Since then nothing has been altered at all. He was hoping the retrospective application would be approved. Even though he has pleaded guilty today he still has to comply, and the council can bring a prosecution for a second or third time if the order is not complied with.”
During the prosecution case, Khan’s phone – set to vibrate and placed on a table – went off, leading to Magistrates demanding he switch it off. Seconds later he received another call, leading to further criticism. Chair of the bench Allie Coward asked if the council would consider taking matters into its own hands and demolish the wall. Mrs Kosser said: “That is an option for us.”
Looking at a photo of the wall, Mrs Coward addressed Khan saying: “Wow, that’s not right is it? That wall has to come down, you have to get rid of all this hard surfacing.”
Khan appeared shocked at what was being said, but Mrs Coward said: “You’re looking in amazement, but the fact is this is your property.” Khan said: “Give me time.”
Mrs Coward responded: “You’ve had plenty of time.” Explaining why the wall was so big, he said: “I’ve got a big dog.”
He claimed he had no money to carry out the work, but Magistrates said he would have to remove the offending wall and hard surfacing by June 8. When deciding what to fine Khan, Magistrates asked how much he earned. He claimed to be earning £500 a month from his job as a taxi driver – something Magistrates seemed sceptical about.
The house in question was being rented out to tenants for £650 a month, he claimed. Mrs Coward said: “Why is your big dog at this house if you are not living there?”
Khan replied: “It’s their dog.” Mrs Coward replied: “You just said it was your big dog.”
Khan was fined £1,173 and ordered to pay £1,224 in costs to the Council. After hearing this, Khan said: “I’m struggling so badly.”
Mrs Coward replied: “Well if you’d have done what you should have done you wouldn’t have to pay this.” He was told to pay the fine and costs off at £150 a month. Khan replied: “Can you do me a favour and change it to £100 a month?”
Mrs Coward responded: “This is a punishment; it is not something you can ask for a favour for. It is not something you can negotiate. As a warning, remember, this work has to be done by June 8. If you don’t then it could lead to the council demolishing it and charging you for the work.”
