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Planning appeal decision

Notice varied and upheld31 January 20233293857

Oriental Chef, 410 Ealing Road, Wembley, Middlesex , HA0 1JQ

Planning appeal 3293857 at Oriental Chef, 410 Ealing Road, Wembley, Middlesex , HA0 1JQ (London Borough of Brent) was allowed in part (a split decision) on 31 January 2023 by Inspector Brownless E, by written representations. The main issue, as the Inspector framed it: the effect of the unauthorised operational development on the character and appearance of the host building, terrace and surrounding area.

without planning permission, the installation of a new shop front, including external alterations to create access to the flat above the shop at the premises AND without planning permission, the installation of two air-conditioning units and flue extractor system to the rear of the premises ("the unauthorised development")

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Minor retail and services
Inspector
Brownless E
Postcode
HA0 1JQ

Main issues, as the Inspector framed them

  • the effect of the unauthorised operational development on the character and appearance of the host building, terrace and surrounding area
  • the living conditions of occupants of neighbouring properties having particular regard to noise and disturbance

What decided it

The unauthorised development causes unacceptable harm to character and appearance and fails to safeguard neighbouring living conditions, with no material considerations of sufficient weight to justify approval contrary to the development plan.

What the Inspector cited

Development plan policies
BD1BE7DMP1

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 Brent

The authority’s record since 2016 · every decision in 2023

  1. Notice upheld30 September 20263359486
    30 Randall Avenue, London, NW2 7RN
  2. Planning permission granted25 September 20263377160
    26 Sidmouth Road, London, NW2 5HJ
  3. Notice upheld24 September 20263365164
    Land and Garage, Rear of 21 Ivy Road and Adjacent to 31 Cedar Road, London, NW2 6SN
  4. Split Decision17 September 20263357462
    61 Alder Grove, London, NW2 7DE
  5. Notice varied and upheld16 September 20263365031
    73A and the Rear Part of 73 Willesden Lane, Kilburn, London, NW6 7RR

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.