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Planning appeal decision

Notice varied and upheld22 July 20243266240

Ground Floor - 40 Bideford Avenue, Perivale , UB6 7PY

Planning appeal 3266240 at Ground Floor - 40 Bideford Avenue, Perivale , UB6 7PY (London Borough of Ealing) was allowed in part (a split decision) on 22 July 2024 by Inspector Walker A, following an inquiry. The main issue, as the Inspector framed it: The effect of the development upon the living conditions of nearby occupiers (particularly as regards odour, noise and disturbance).

Without planning permission: The material change of use of the premises to a composite use, comprising a café and mixed use restaurant and shisha lounge (marked with an 'X' on the plan attached to the notice); AND The erection of a side and rear extension (hatched in black on the plan attached to the notice); AND The erection of 2 rear retractable canopies (each marked with a 'Y' on the plan attached to the notice)

Authority
London Borough of Ealing
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
leisure-sport · Change of use
Inspector
Walker A
Postcode
UB6 7PY

Main issues, as the Inspector framed them

  • The effect of the development upon the living conditions of nearby occupiers (particularly as regards odour, noise and disturbance)
  • The effect of the development upon highway safety through any increase in parking demand
  • The effect of the development upon the integrity of the Strategic Industrial Location

What decided it

The Inspector found that the operational extensions and the sui generis mixed restaurant/café and shisha lounge use together caused unacceptable harm to living conditions, highway safety and the Strategic Industrial Location, which could not be overcome by conditions or separated from the change of use.

The appeal development does not comply with the development plan as a whole and there are no other considerations which outweigh that finding, so the balance tips against the grant of planning permission.

What the Inspector cited

Development plan policies
Policy 7APolicy 1.1Policy D3Policy T1Policy T2Policy T4Policy T6Policy 3.2Policy 1.1(c)Policy E4Policy E5
Judgments
Mansi v Elstree RDC [1964] 16 P&CR 153

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 applied

The decision letter

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More decisions in London Borough of Ealing

The authority’s record since 2016 · every decision in 2024

  1. Dismissed27 October 20266013917
    94 Pitshanger Lane, Ealing, London, W5 1QX
  2. Dismissed22 October 20266011704
    62, Cornwall Avenue, Southall, UB1 2TG
  3. Notice upheld4 September 20263365332
    81 Ashness Gardens, Greenford, UB6 0RW
  4. Quashed On Legal Grounds3 September 20263378189
    25 Scorton Avenue, Perivale, UB6 8LA
  5. Notice upheld26 August 20263376041
    Tiramisu Cafe, 12 St. Marys Road, London, W5 5ES

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.