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Planning appeal decision

Quashed On Legal Grounds14 April 20233287173

12 - 14 Regina Road, London, W13 9EF

Planning appeal 3287173 at 12 - 14 Regina Road, London, W13 9EF (London Borough of Ealing) was decided (quashed on legal grounds) on 14 April 2023 by Inspector Boffin D, following an inquiry. The main issue, as the Inspector framed it: Whether the breach of planning control as alleged in the notice (a material change of use to a mixed use as an HMO and self-contained flats) has occurred as a matter of fact and degree.

Without planning permission: the material change of use of the premises to a mixed use as an HMO and self-contained flats

Authority
London Borough of Ealing
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Boffin D
Postcode
W13 9EF

Main issues, as the Inspector framed them

  • Whether the breach of planning control as alleged in the notice (a material change of use to a mixed use as an HMO and self-contained flats) has occurred as a matter of fact and degree

What decided it

The Inspector's finding, based on detailed site visit observations, that all rooms in the property were used in a materially similar way reliant on shared communal facilities, so the property functioned as a single HMO rather than the alleged mixed use of HMO and self-contained flats.

What the Inspector cited

Judgments
Gravesham BC v SSE & O'Brien [1983] JPL 306; Brent LBC v SSHCLG & Chaim Reiner [2020] EWHC 3620 (Admin); Welwyn Hatfield Borough Council v SSLUHC & Anor [2022] EWHC 3175 (Admin)

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. Notice upheld4 September 20263365332
    81 Ashness Gardens, Greenford, UB6 0RW
  2. Quashed On Legal Grounds3 September 20263378189
    25 Scorton Avenue, Perivale, UB6 8LA
  3. Notice upheld26 August 20263376041
    Tiramisu Cafe, 12 St. Marys Road, London, W5 5ES
  4. Notice upheld26 August 20263358322
    95 Greatdown Road, London, W7 1JR
  5. Notice upheld24 August 20263367676
    1 Kennedy Road, Hanwell, London, W7 1JL

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.