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Planning appeal decision

Notice upheld6 February 20233285033

129A Broadway, London, W13 9BE

Planning appeal 3285033 at 129A Broadway, London, W13 9BE (London Borough of Ealing) was dismissed on 6 February 2023 by Inspector Walker A, following a hearing. The main issue, as the Inspector framed it: the effect of the development on the living conditions of neighbouring residential occupiers.

without planning permission, the material change of use of the land to use as a shisha lounge

Authority
London Borough of Ealing
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
leisure-sport · Change of use
Inspector
Walker A
Postcode
W13 9BE

Main issues, as the Inspector framed them

  • the effect of the development on the living conditions of neighbouring residential occupiers
  • the effect of the development on highway safety

What decided it

The significant and unmitigable harm to the living conditions of neighbouring residential occupiers from noise and shisha odours, arising from the necessarily open structure required for shisha lounge use.

The limited employment and sustainable-location benefits of the shisha lounge did not outweigh the significant harm caused to neighbours' living conditions and the resulting conflict with the development plan.

What the Inspector cited

Development plan policies
Policy 7A of the Ealing Development Management Development Plan Document (2013)Policy D3 of the London Plan (2021)Policy 1.1 of Ealing's Development Strategy 2026 Development Plan Document (2012)Policies T1, T2, T4 and T6 of the London PlanPolicy 3.2 of the CS

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 2023

  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.