®Planning appeal decision
161 Ryefield Avenue, UXBRIDGE, UB10 9DA
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
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living conditions for future occupants, such that the proposal does not represent sustainable development despite the out-of-date development plan and engagement of paragraph 11(d) of the Framework.
Framework references: 11, 8
Plan policies cited: Policy BE1 of the Hillingdon Local Plan: Part 1 – Strategic Policies 2012, Policy DMHB11 of the Hillingdon Local Plan Part 2 – Development Management Policies 2020, Policy DMHB18 of the Hillingdon Local Plan Part 2 – Development Management Policies 2020, Policy DMT6 of the Hillingdon Local Plan Part 2 – Development Management Policies 2020, Table 5.3 of the Hillingdon Local Plan Part 2, Appendix C of the Hillingdon Local Plan Part 2
Judgments cited: 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
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.