KIRKLEES Council is to knock down a man’s unauthorised home extension – after years of legal wrangling.
Yash Pal Kansal, 65, has been involved in a long-running dispute with the council over the rear extension at his home in Ridgeway, Dalton.
An enforcement notice was issued in January 2010.
Earlier this year he appeared at Bradford Crown Court accused of failing to comply with an enforcement notice requiring him to demolish a single storey extension.
He was convicted of the offence and left court with a bill for more than £800. He is appealing the conviction.
Now Jacqui Gedman (inset), Kirklees Council’s director of Place, has written to him saying: “It is the authority’s intention to ensure the extension is demolished in the interest of planning.
“The extension will be demolished – you do not have any legal redress to prevent this from happening.”
She also explained to him that his application to the Court of Appeal “for leave to appeal against your conviction has no connection with the demolition.
“Even if your criminal conviction is quashed and you are acquitted, the extension will still be demolished as the Court of Appeal, in this case, does not have jurisdiction over the validity of the enforcement notice. That jurisdiction rests with the High Court which refused to grant you leave to appeal.
“In other words, your application to the Court of Appeal is irrelevant to the demolition.”
But Ms Gedman has conceded that the council is prepared in principle for Mr Kansal to choose when the work is carried out so long as it is within a reasonable period.
And she says the council is anxious that “the process causes as little harm to your mother’s health as possible.”
But Mr Kansal, who is the full-time carer for his mother Kaldeep Kanta Kansal, 83, says he is distraught at the news and has no intention of agreeing to the council’s demands.
His solicitors – Inesons of Cleckheaton – say they are “very disappointed” at the council letter and following Mrs Kansal’s recent discharge add in a letter to the council:
“She is clearly a very vulnerable person and we cannot imagine the possible consequences if she should suffer further and even more serious medical issues as a result of the council’s plan of action.
“No doubt the council will care to take this into very serious consideration.
“We have also been asked to point out that Mrs Kansal refuses to leave the property for fear of being separated from her son and being placed in residential accommodation.
“In any event she has a very limited life expectancy. She does use this sun lounge for her rehabilitation.
“We are at a loss at the wisdom of the council’s decision to proceed while the enforcement matter is being appealed by our client to the Court of Appeal.”
A spokesman for Kirklees Council said: “Mr Kansal is aware the rear single storey extension is required to be demolished under an enforcement notice previously upheld by the Planning Inspectorate.
“Council officers have attempted to co-operate with him to ensure the necessary works are carried out with the minimum amount of disruption to Mr Kansal and his family.
“The council is keen to resolve the matter in a reasonable way and planning officers as well as social workers will continue to offer Mr Kansal and his family support both before and during the works to remove the unauthorised extension.”