Desserts By Akbar: Family-run store in Leeds facing closure over 'heavy handed' enforcement notice
Desserts By Akbar has received ‘strong support from customers over the years and become a well-known part of the local community’
A family-run dessert shop in Leeds has said that it may be forced to close due to a “heavy handed” enforcement notice from the council.
Desserts By Akbar on Woodview Street in Beeston Hill received a notice to remove its glass bi-fold doors and roller shutters soon after opening in June 2024 because the work did not receive planning permission.
Co-owner Fatima Hussain said that the family appealed the decision to the planning inspectorate but this was rejected and they have been ordered to reinstate the brick wall and remove the glass frontage.
Local councillor Ed Carlisle helped them with the appeal, saying that the enforcement action was “bonkers” and an example of “suppressing local innovation, regeneration (and) lift”.
The council has said that the works were “unauthorised” and that it “remains committed to its statutory planning and enforcement processes”.
Mrs Hussain said that the family was “disappointed” that a compromise could not be reached with the council.
She said that Desserts By Akbar have invested heavily in the business since opening and have “worked hard to create a destination that contributes positively to the local area”.
Mrs Hussain said: “We have been fortunate to receive strong support from our customers over the years and have become a well-known part of the local community.”
The business sponsors a children’s football team and other community activities.
She said that with regards to the bi-fold doors, the family “didn't know we had to seek planning permission as it is our first business”.
She said: “We were advised by the council it was an unauthorised development and that a retrospective planning application would be required.”
A retrospective application and full application were submitted but rejected by the council, who deemed the frontage as having "an imposing and dominant look", which it said “harms the area’s character”.
Mrs Hussain said: “Throughout the process we sought to engage constructively with the council and explore amendments that could address any concerns.
“We do not believe the alterations have had the harmful impact suggested. If anything we believe it has modernised the building and does not negatively impact the area.
“We have strong community support. For example our neighbours all support our position.”
She said that there are now no further appeal routes and have requested the council not to take enforcement action “as it is not expedient to do so”, adding: “Enforcement would be disproportionate to the breach.
“Replacing the bi-fold doors isn't something we can currently afford. When we had them installed, it was a significant cost for a small business like ours, and we don't have the funds to do it all over again.
“The honest truth is that if we're required to carry out the works by July, we're looking at having to close the business permanently. That's not a decision we want to make, and it's why we're asking the council to please consider our circumstances before taking further action.”
She added: “As a small business, our focus has always been on serving our customers and contributing positively to the local economy. We believe greater flexibility and cooperation could have helped achieve an outcome that addressed planning concerns without placing such a significant burden on an independent business.”
A Leeds City Council spokesperson said: “The council's planning service encourages early engagement through our pre-application process to help applicants identify whether there is a need for planning permission and to bring forward the most appropriate schemes.
"In this instance, an enforcement notice was issued against the premises as unauthorised works were carried out without planning permission, an application having previously been rejected.
"The enforcement notice was appealed by the premises owner, which was subsequently dismissed by the Planning Inspectorate.
"The council remains committed to its statutory planning and enforcement processes. The premises owner can seek planning permission for any future alterations to the building."