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Planning appeal decision

Notice upheld28 June 20233287885

11 Royal Parade, Ealing, London, W5 1ET

Planning appeal 3287885 at 11 Royal Parade, Ealing, London, W5 1ET (London Borough of Ealing) was dismissed on 28 June 2023 by Inspector Gray E, by written representations. The main issue, as the Inspector framed it: Whether the alleged material change of use has occurred as a matter of fact.

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

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Gray E
Postcode
W5 1ET

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.

What the Inspector cited

Development plan policies
Policy 7A of the Ealing Development Management Development Plan DocumentLondon Plan Policy T5London Plan Policy T2

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.

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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.

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