A kebab shop has lost its appeal over a makeshift extension it built on the pavement and must now take it down.
Alex Haji, who runs Nayeb Kebab in Hove, was told to take down the shelter by Brighton and Hove City Council in January last year.
The council also served an enforcement notice on the kebab shop’s sister restaurant Nayeb Shisha Lounge, four doors down on the corner of Church Road and The Drive.
Mr Haji appealed the first enforcement notice, saying the council, which is also his landlord, said he would not need planning permission for it.
But planning inspector Lee Douglas disagreed, and has today upheld the notice.
In his report, published today, Mr Douglas said although the applicant said the structure was temporary, its size and weight have the appearance of a permanent extension, which therefore needs planning permission.
Mr Haji had not explained how it could be deemed permitted development – i.e. not require planning permission.
Mr Douglas said: “The appellant claims they were told by the council, their landlord, and the company who designed the extension that it would not require planning permission.
“It is also claimed that the company has carried out more than ten other extensions like this within Sussex without obtaining express planning permission or experiencing any planning issues.
“Be that as it may, I have found that the works carried out in this particular instance comprise development requiring planning permission.
“In the absence of any planning permission for the development it is in breach of planning control.”
The kebab shop was previously issued with an enforcement notice to remove a timber wall and tables and chairs from the area in front of the restaurant in 2020.
The original notice gave the kebab shop ten months to take down the shelter.
Although the inspector’s report does not specify a date by which it now needs to be removed, councils typically reset the clock when appeals against enforcement notices are upheld.
You’d surely check once you drawn up the designs up that you wouldn’t need planning permission and get that in writing…
The council even offers a pre-application advice service.
https://www.brighton-hove.gov.uk/planning/planning-applications/pre-application-planning-advice-service
As to this
“It is also claimed that the company has carried out more than ten other extensions like this within Sussex without obtaining express planning permission or experiencing any planning issues.”
I imagine those developments will soon generate some interest of the planning departments responsible for those locations!
the council charges for the pre-planning advice. It is far from a free service!
I didn’t say it was free but it’s clear if this, and a whole host of other applicants that have been subject to enforcement action, paid a small fee upfront it would have saved them large sums money and waste time by not asking for advice.
It’s worse than that – the council seem to think they can dictate what colour, what materials, what type style a business can use on their advertising- fair enough they should expect applications to follow guidance but when that guidance is not logical, viable or affordable businesses the city ends up looking a mess doing the minimum specification that relates to the awful brief the council gives them. You end up with that terrible design & poorly made mess of the advertising at the start of eastern road on the old Oakley Motors Site – what a mess but the council won’t pick on that because presumably it’s one of their linked charities or initiatives?
They should have checked before they spent a single penny. No sympathy.
The owners Range Rover might require planning permission as it seems to be an almost permanent structure in the loading zone
When will the Planning Inspector decide about the Nayeb on the corner?
“The council also served an enforcement notice on the kebab shop’s sister restaurant Nayeb Shisha Lounge, four doors down on the corner of Church Road and The Drive.”
He’s still fly tipping every morning in the bin around the corner, so clearly doesn’t play by the rules. Shut him down.
Should make sure you get a bit of videographic evidence of that Dean, £650 flat fine.
Although Baked is trimmed up with plastic flowers it looks the same as the kebab shop to me. Does Baked have permission?
if there are designs that enable sociable pavement dining without being pavement squatting in DIY glass houses that would be great.
Baked has cafe style screens which sit under a street furniture license. The council charge a fee for this, all street furniture must be able to be removed within 2hrs. They have the correct license so are compliant.
Its an extension even removed shop front. So needs planning permission.
Nothing will happen – just like the ugly garishly coloured fish and chip on Preston Street – that’s still there in all it’s lack of glory
The Council will get it’s way and the fish n chip and restaurant in Patcham will submit to the planning rules.
it is only a matter of time before the owners do as they are told!
That fish & chip shop is garish & ugly but is it any different to any other shop up there. 3 doors up there’s a pink advertising fascia that’s just as garish and that’s been there longer than the fish & chip shop. Across the road the casino has the same type of advertising and that seems to be ok with the council ? How come?
Is that not just whataboutism, councillor?
Some like to think it’s there right to do what they want-obviously not if the Council has asked him to remove the Structure of Both Restaurants Front
Go back n draw up suitable plans for both if you want Outside Areas for Both
Whilst these structures should not be allowed without permission Brighton & Hove Planning need to have a total review of their advertisement policies. They don’t seem to understand advertising and its relationship to the economics of running a business. They also are ignorant of materials & modern manufacturing processes & seem to think that every business has unlimited funds to spend applying for permission for signs & adverts that will not get consent. They seem to want every shop to look like the expensive fake, mock Dickensian outlets in the lanes that have businesses that last 6 months because they can’t afford the rent & rates
Richard meadows by reading his comments seems that he may be impersonating. The coptic Christian community in church street and other shop they do it again and again drugs always want late night licence the persia resturant/mistys (co & kane) Vape shops barbers every 5 min booze shops