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Split Decision5 January 20223242921

5 Central Parade, Western Avenue , Perivale , UB6 8TF

Planning appeal 3242921 at 5 Central Parade, Western Avenue , Perivale , UB6 8TF (London Borough of Ealing) was allowed in part (a split decision) on 5 January 2022 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether the previous lawful use of the premises was a mixed use of restaurant and nightclub that had become immune from enforcement through the passage of time.

Without planning permission, the material change of use of the premises to a mixed use as a nightclub and shisha lounge

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Merrett R
Postcode
UB6 8TF

Main issues, as the Inspector framed them

  • Whether the previous lawful use of the premises was a mixed use of restaurant and nightclub that had become immune from enforcement through the passage of time
  • Whether the change to nightclub and shisha lounge use was material
  • Whether the requirements of the enforcement notice are excessive to remedy the breach of planning control

What decided it

The material change from nightclub and restaurant use to nightclub and shisha lounge use was established by the distinctive characteristics of shisha smoking (odours, later clientele patterns, noise) compared to restaurant use, but the enforcement notice was excessive in requiring cessation of the lawful nightclub element and removal of fixtures facilitating that lawful use.

The decision letter

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More decisions in London Borough of Ealing

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

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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.

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