A bar extension built without planning consent must be pulled down.

Nikki Schofield, owner of Bar 10 at Lidget Street in Lindley, had a conservatory built at the Lidget Street venue – but she failed to secure planning consent for it.

But councillors rejected a retrospective application yesterday, raising fears it could set a precedent.

Clr Cahal Burke, Lindley Lib Dem, had first urged the planning committee to consider approving it, saying no-one had objected and added the applicant received unsound advice and made the retrospective application as soon as she was aware it breached planning policy.

Clr Burke said: “It was a run down property and she has brought it back up to date and into use.

“It has created employment in the area and provided an economic boost.

“It has been in place for a year without problems.”

Robert Halstead, agent for the owner, said she was given poor advice from a conservatory company and made a check with the council’s planning department who said it was permitted development.

Mr Halstead said: “I don’t blame the officer, it’s hard to give advice about permitted development over the phone about this sort of thing.”

Kirklees planning officers recommended it be rejected.

During debate, Clr Mark Hemingway, Lindley Conservative, said if residents were unhappy about it they would have said so and signalled approval for it.

Clr Cathy Scott, Dewsbury East Labour, moved rejection on a retrospective basis said it leads to the question ‘what next?’

She said: “This is an extension built on top of an extension. What is the point of having a planning committee if we’re going to allow this.

“She had one (extension) refused last year and now this has happened.”

Clr Andrew Cooper said he felt some sympathy for the owner and said the lack of objection gave him assurance to approve it.

Clr Ken Sims said the committee had to have principles where retrospective applications were concerned while Clr Terry Lyons said it would set a precedent.

Councillors voted eleven to two to refuse it with one abstention.