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Planning appeal decision

Notice upheld28 June 20233287885

11 Royal Parade, Ealing, London, W5 1ET

Without planning permission, the material change of use of the premises to a mixed-use restaurant, take away and shisha lounge (sui generis)

Authority
London Borough of Ealing
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Gray E

Main issues, as the Inspector framed them

  • Whether the alleged material change of use has occurred as a matter of fact
  • Whether the matters alleged constitute a breach of planning control
  • Whether the restaurant use is lawful
  • Whether the shisha lounge use amounts to a material change of use
  • Whether the alleged material change of use has occurred for a continuous period of ten years or more
  • The effect of the development on the living conditions of neighbouring occupants, with particular regard to noise and disturbance, and odours
  • Parking and highway safety in the area, including the provision of cycle parking

What decided it

The appellant failed to provide sufficient evidence of mitigation measures to address noise, disturbance and odours arising from the shisha lounge use in breach of Policy 7A, and failed to provide cycle parking in accordance with London Plan Policy T5.

Plan policies cited: Policy 7A of the Ealing Development Management Development Plan Document, London Plan Policy T5, London Plan Policy T2

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.