Halifax MOT centre owner forced to close appeals against enforcement notice

Appellant Mohammed Saleem has appealed against Calderdale Council’s notice issued last October that the centre’s operations at Providence Works, Queen’s Road, Halifax, which had been taking place without planning permission, must cease.

The council’s enforcement notice said Mr Saleem must cease using the land as an MOT test centre and station, vehicular access to it had to be stopped, and the access closed by building a fence or wall.

The breach of planning control had happened sometime within the last ten years with the building and creation of an access for vehicles at the site substantially completed less than four years ago.

The council argued: “The development creates a new vehicular access off Kingsley Place, a residential street with terraced housing and no off-street parking.

“Access by vehicle would be difficult with a car parked opposite the new building.

“The development effectively sterilises a length of on-street parking in order for vehicles to access the MOT test centre and station, which could give rise to neighbour disputes given the historic residential parking.”

Inspectorate documents show Mr Saleem has appealed against the enforcement notice because he claims the breach of planning control has not occurred as a matter of fact, arguing that the access has not been created but already exists, evidenced by dropped kerbs on the highway, and that steps required to comply are excessive, including that building a fence or wall is not a fundamental requirement for ceasing use.

Public representations on the appeal must be made to the Planning Inspectorate – these can be emailed to [email protected] and the appeal reference is APP/A4710/C/20?3262951 – by February 24.