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Notice upheld21 February 20233294040

161 Ryefield Avenue, Uxbridge, UB10 9DA

Planning appeal 3294040 at 161 Ryefield Avenue, Uxbridge, UB10 9DA (London Borough of Hillingdon) was dismissed on 21 February 2023 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: the effect of the development on the character and appearance of the area.

the unauthorised demolition of a store/garage building (associated with retail unit) and replacement with a studio flat (Use Class C3)

Authority
London Borough of Hillingdon
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Walker A
Postcode
UB10 9DA

Main issues, as the Inspector framed them

  • the effect of the development on the character and appearance of the area
  • whether the development provides adequate living conditions for existing and future occupants, with regard to outlook and private garden space
  • the effect on the living conditions of the occupants of neighbouring residential properties, with regard to outlook
  • the effect of the development on highway safety

What decided it

The development's unacceptable harm to the character and appearance of the area and the inadequate living conditions it provides for future occupants substantially and demonstrably outweigh the benefits of housing supply and sustainable location.

The benefits of housing supply and sustainable location (moderate weight) were substantially and demonstrably outweighed by the significant harms to character and appearance and inadequate living conditions for future occupants, such that the proposal does not represent sustainable development despite the out-of-date development plan and engagement of paragraph 11(d) of the Framework.

What the Inspector cited

Development plan policies
Policy BE1 of the Hillingdon Local Plan: Part 1 – Strategic Policies 2012Policy DMHB11 of the Hillingdon Local Plan Part 2 – Development Management Policies 2020Policy DMHB18 of the Hillingdon Local Plan Part 2 – Development Management Policies 2020Policy DMT6 of the Hillingdon Local Plan Part 2 – Development Management Policies 2020Table 5.3 of the Hillingdon Local Plan Part 2Appendix C of the Hillingdon Local Plan Part 2
National Planning Policy Framework
Paragraph 11Paragraph 8
Judgments
Tapecrown Ltd v First Secretary of State & Anor [2006] EWCA Civ 1744; Moore v Secretary of State for Communities and Local Government & Anor [2012] EWCA Civ 1202; Ahmed v Secretary of State for Communities and Local Government & Anor [2014] EWCA Civ 566

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 Hillingdon

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

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  5. Notice varied and upheld4 September 20263366053
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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.