®Planning appeal decision
Garden Annex at 43 Leonard Road, SOUTHALL, UB2 5HZ
without planning permission: the material change in use of the rear outbuilding to use as a separate self-contained dwelling
- Authority
- London Borough of Ealing
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Savage M
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 1 October 2016 and continued without significant interruption for at least 4 years thereafter (Ground d)
- The effect of the appeal scheme on the character and appearance of the area
- The effect of the appeal scheme on the living conditions of occupants of the outbuilding, the main dwelling and neighbouring properties, having regard to outlook, privacy and noise and disturbance
- Whether the appeal building provides sufficient living space for its occupants
- The effect of the appeal scheme on the provision of outdoor amenity space for occupants of the appeal building and main dwelling
What decided it
The appellant failed to demonstrate that the material change of use had been continuous for at least four years prior to the enforcement notice, and the proposed dwelling fails to meet minimum space standards and would harm the living conditions of occupants and neighbouring properties.
Plan policies cited: London Plan 2021 Policy D3, London Plan Policy D6, Ealing Development Management DPD 2013 Policy 7.4, Ealing Development Management DPD 2013 Policy 7B, Ealing Development Management DPD 2013 Policy 7A, Ealing Development Management DPD 2013 Policy 3.5, Ealing Development Management DPD 2013 Policy 7D, Ealing Planning New Garden Space SPD June 2015
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.