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Planning appeal decision

Notice upheld23 June 20223267723

870 Uxbridge Road, HAYES, UB4 0RR

Without planning permission, the material change of use of the premises to a mixed use as a restaurant and café and for the storage and smoking of shisha pipes (sui generis use)

Authority
London Borough of Hillingdon
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Hanson S

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c)
  • The effect of the development on the living conditions of occupants of neighbouring properties with particular regard to noise and disturbance (ground a)
  • Whether the period specified in the notice falls short of what should be reasonably allowed (ground g)

What decided it

The mixed use development, particularly the shisha smoking element which draws customers for extended periods in a communal activity, would cause significant harm to the living conditions of neighbouring residents through noise and disturbance, conflicting with Policy DMTC 4 of the Local Plan Development Management Policies.

Plan policies cited: Policy DMTC 4, Policy DMTC1, Policy DMTC2, Policy DMTC3, Policy DMEI 14, Policy SD7 of the London Plan 2021

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.