®Planning appeal decision
Garden Annex at 43 Leonard Road, Southall, UB2 5HZ
Planning appeal 3261809 at Garden Annex at 43 Leonard Road, Southall, UB2 5HZ (London Borough of Ealing) was allowed in part (a split decision) on 9 February 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 1 October 2016 and continued without significant interruption for at least 4 years thereafter (Ground d).
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
- Postcode
- UB2 5HZ
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.
What the Inspector cited
- Development plan policies
- London Plan 2021 Policy D3London Plan Policy D6Ealing Development Management DPD 2013 Policy 7.4Ealing Development Management DPD 2013 Policy 7BEaling Development Management DPD 2013 Policy 7AEaling Development Management DPD 2013 Policy 3.5Ealing 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.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2022
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- Notice upheld4 September 2026336533281 Ashness Gardens, Greenford, UB6 0RW
- Quashed On Legal Grounds3 September 2026337818925 Scorton Avenue, Perivale, UB6 8LA
- Notice upheld26 August 20263376041Tiramisu Cafe, 12 St. Marys Road, London, W5 5ES
- Notice upheld26 August 2026335832295 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.