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Planning appeal decision

Notice varied and upheld3 June 20213245479

Premises Known As 27 Seaford Road, West Ealing, London, W13 9HP

Planning appeal 3245479 at Premises Known As 27 Seaford Road, West Ealing, London, W13 9HP (London Borough of Ealing) was allowed in part (a split decision) on 3 June 2021 by Inspector Peerless K, following an inquiry. The main issue, as the Inspector framed it: on ground (d): whether the use is immune from enforcement action through the passage of time and, if it is not.

the material change of use of the premises to five self-contained flats

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Peerless K
Postcode
W13 9HP

Main issues, as the Inspector framed them

  • on ground (d): whether the use is immune from enforcement action through the passage of time and, if it is not
  • on ground (a): the effect of the development on: (i) the character and appearance of the surrounding area; (ii) the living conditions of (a) neighbouring occupiers with particular reference to noise and disturbance and (b) occupiers of the property with particular reference to noise and disturbance and living and amenity space standards
  • on ground (f): whether the requirements of the notice exceed what is necessary to rectify the breach of planning control or any injury to amenity
  • on ground (g): whether the time for compliance is reasonable

What decided it

The proposal's failure to meet London Plan and local space/amenity standards for the five self-contained flats outweighed the limited housing benefit, leading to refusal of the deemed application under ground (a).

the benefit of housing four additional occupants was outweighed by the conflict with Policy D6's space and amenity standards, so the deemed planning application was refused

What the Inspector cited

Development plan policies
Policy D6Policy 3.5

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.

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The decision letter

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More decisions in London Borough of Ealing

The authority’s record since 2016 · every decision in 2021

  1. Dismissed22 October 20266011704
    62, Cornwall Avenue, Southall, UB1 2TG
  2. Notice upheld4 September 20263365332
    81 Ashness Gardens, Greenford, UB6 0RW
  3. Quashed On Legal Grounds3 September 20263378189
    25 Scorton Avenue, Perivale, UB6 8LA
  4. Notice upheld26 August 20263376041
    Tiramisu Cafe, 12 St. Marys Road, London, W5 5ES
  5. Notice upheld26 August 20263358322
    95 Greatdown Road, London, W7 1JR

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.