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Planning appeal decision

Notice varied and upheld6 January 20223260817

47 Bideford Avenue, Perivale, Middlesex, UB6 8DE

Planning appeal 3260817 at 47 Bideford Avenue, Perivale, Middlesex, UB6 8DE (London Borough of Ealing) was allowed in part (a split decision) on 6 January 2022 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the appellant can show on the balance of probabilities that the material change of use of the building began on or before 20 August 2016 and, if so, whether it continued without significant interruption for at least 4 years thereafter.

without planning permission: The material change of use of the outbuilding to a self-contained dwelling

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Savage M
Postcode
UB6 8DE

Main issues, as the Inspector framed them

  • Whether the appellant can show on the balance of probabilities that the material change of use of the building began on or before 20 August 2016 and, if so, whether it continued without significant interruption for at least 4 years thereafter
  • The effect of the appeal scheme on the character and appearance of the area
  • The living conditions of the occupants of the building, having regard to the internal floor space provided
  • The living conditions of the occupants of the building and the host dwelling, having regard to privacy, outlook, noise and disturbance
  • Whether the appeal scheme makes satisfactory provision for outdoor amenity space
  • Whether the steps required by the notice exceed what is necessary to remedy any breach of planning control

What decided it

The appellant failed to demonstrate continuous residential use for four years prior to the enforcement notice, and the proposed conversion would harm character and appearance, provide inadequate living conditions, and fail to meet space and amenity standards.

What the Inspector cited

Development plan policies
London Plan 2021 Policy D3London Plan 2021 Policy D6Ealing Development Management DPD 2013 Policy 7.4Ealing Development Management DPD 2013 Policy 3.5Ealing Development Management DPD 2013 Policy 7BEaling Development Management DPD 2013 Policy 7DEaling Planning New Garden Space SPD June 2015

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 2022

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  3. Quashed On Legal Grounds3 September 20263378189
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  4. Notice upheld26 August 20263376041
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  5. Notice upheld26 August 20263358322
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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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