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Notice varied and upheld5 July 20223230634

58 Western Avenue, Acton, London, W3 7TY

Planning appeal 3230634 at 58 Western Avenue, Acton, London, W3 7TY (London Borough of Ealing) was allowed in part (a split decision) on 5 July 2022 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: The effect of the appeal scheme on the living conditions of the occupants of the flats, having regards to internal living space.

Material change of use of the property to 11 self-contained residential units

Authority
London Borough of Ealing
Appeal type
major · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Savage M
Postcode
W3 7TY

Main issues, as the Inspector framed them

  • The effect of the appeal scheme on the living conditions of the occupants of the flats, having regards to internal living space
  • The effect of the appeal scheme on the living conditions of the occupants of the flats, having regards to the provision of external amenity space
  • The effect of the appeal scheme on the living conditions of occupants of the flats and neighbouring occupants, having regards to noise and disturbance
  • The effect of the appeal scheme on the character and appearance of the area

What decided it

The internal living space in each of the 11 units, ranging from 14 to 24 sqm, falls significantly below the London Plan minimum of 37 sqm for a one-person dwelling, failing to provide satisfactory living conditions for occupants.

What the Inspector cited

Development plan policies
Policy 3.5 of the Ealing Development Management Development Plan Document (DPD) (2013)Policy D6 of the London Plan (2021)Policy 7B of the DPDPolicy 7D of the DPDPolicy 7A of the DPDPolicy D3 of the London PlanPolicy 7.4 of Ealing's Adopted Development Management DPD (2013)
Judgments
Ahmed v SSCLG & Hackney LBC [2014] EWCA Civ 566; Bhandal v SSHCLG & Bromsgrove DC [2020] EWHC 2724 (Admin); [2021] JPL 611 EN; Miaris v SSCLG & Bath and NE Somerset Council [2015] EWHC 1564 (Admin), [2016] EWCA Civ 75; Alderson v Secretary of State for Communities and Local Government [2017] EWHC 1415 (Admin); Arnold v Secretary of State for Communities and Local Government [2017] EWCA Civ 231; Tower Hamlets LBC v SSHCLG [2019] EWHC 2219 (Admin); Mata v SSCLG [2012] EWHC 3473 (Admin); Tapecrown Ltd v FSS & Vale of White Horse DC [2006] EWCA Civ 1744

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in London Borough of Ealing

The authority’s record since 2016 · every decision in 2022

  1. Notice upheld4 September 20263365332
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  2. Quashed On Legal Grounds3 September 20263378189
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  3. Notice upheld26 August 20263376041
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  4. Notice upheld26 August 20263358322
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  5. Notice upheld24 August 20263367676
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.