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Planning appeal decision

Notice upheld23 June 20223267723

870 Uxbridge Road, Hayes, UB4 0RR

Planning appeal 3267723 at 870 Uxbridge Road, Hayes, UB4 0RR (London Borough of Hillingdon) was dismissed on 23 June 2022 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c).

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
Postcode
UB4 0RR

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.

What the Inspector cited

Development plan policies
Policy DMTC 4Policy DMTC1Policy DMTC2Policy DMTC3Policy DMEI 14Policy SD7 of the London Plan 2021

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 Hillingdon

The authority’s record since 2016 · every decision in 2022

  1. Dismissed27 October 20266009856
    18-20 Wilmar Close, Hayes, UB4 8ET
  2. Notice varied and upheld29 September 20263348967
    65 Blunts Avenue, Sipson, West Drayton, UB7 0DS
  3. Notice varied and upheld22 September 20263363255
    2 Milton Close, Hayes, UB4 0DE
  4. Notice varied and upheld22 September 20263363247
    2 Milton Close, Hayes, UB4 0DE
  5. Dismissed18 September 20266011516
    73 High Street, Ruislip, HA4 8JB

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.