®Planning appeal decision
5 Central Parade, Western Avenue , Perivale , UB6 8TF
Without planning permission, the material change of use of the premises to a mixed use as a nightclub and shisha lounge
- Authority
- London Borough of Ealing
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- leisure-sport · Change of use
- Inspector
- Merrett R
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 main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.