Knock it down - Council upholds ruling on garage and granny flat that grew into home

Wajid Hussain got permission in 2007 for a double garage and "granny flat" but the construction bore little resemblance to the original planning application.

It was much larger, was on four levels and had a basement not mentioned in the original design.

He blamed his younger brother, saying he was "unaware of the need for compliance within the planning system".

The building in Old Park Road, in the Leeds conservation area of Roundhay, was the subject of a planning inquiry after the council turned down his retrospective planning application.

A planning inspector has now rejected his appeal and his claim that the council discriminated against him on cultural and religious grounds.

Mr Hussain's representatives had argued that his extended family amounted to 17 people and he needed the extra living space near to the family's six-bedroom house. But planning inspector Derek Thew said: "There is no evidence that the council has, in the actions it has taken with regard to the appeal building, discriminated against the appellant and his family on cultural or religious grounds.

"The council granted consent in 2007 for a scheme proposed by the appellant (Mr Hussain) but he chose to build something different.

"I do not know precisely why he chose to do so, but there is no evidence before me to suggest the appeal building is required because the scheme permitted in 2007 would have been too small to meet the needs of the family."

Mr Thew said the size and height of the building made it inappropriate for a conservation area because it "materially harms the sense of spaciousness that is an important feature of the locality."

The size of the building also made it conspicuous when viewed from the playing field in front of Roundhay School, he said.

"Even though it is used solely as an annexe to the main house, the appeal building is similar in height to the secondary ridge of the main house and of a length comparable to that of nearby buildings. Consequently it appears to be of a size more akin to that of a detached dwelling than of a structure that is ancillary to the main house."

He said the harm could not be overcome by any of proposed alterations which had been suggested by Mr Hussain's planning advisers.

Although the council originally wanted the building to be demolished, planners are now expected to be satisfied to see the building modified in line with the 2007 plan, according to Mr Thew.