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Notice varied and upheld8 November 20233297168

42 Raynton Drive, Hayes, Middlesex, UB4 8BE

Planning appeal 3297168 at 42 Raynton Drive, Hayes, Middlesex, UB4 8BE (London Borough of Hillingdon) was allowed in part (a split decision) on 8 November 2023 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Appeal A Ground (a): The effect of removing condition 4 to permit the use of the outbuilding as residential accommodation on the living conditions of neighbouring occupiers, having regard to noise and disturbance and outlook; and the effect on the living conditions of existing and future occupiers of the main dwelling, having regard to the provision made for outdoor amenity space.

breach of condition for failure to comply with condition 4 of planning permission reference 73142/APP/2019/2068 dated 19 August 2019 (single storey outbuilding to rear for use as storage) (retrospective), requiring “the outbuilding hereby approved shall only be used for the purpose(s) stated on the application form and approved drawings and shall not be used for purposes such as a living room, bedroom, kitchen, study, as a separate unit of accommodation or for any business purposes” (“the breach”)

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Hawkins S
Postcode
UB4 8BE

Main issues, as the Inspector framed them

  • Appeal A Ground (a): The effect of removing condition 4 to permit the use of the outbuilding as residential accommodation on the living conditions of neighbouring occupiers, having regard to noise and disturbance and outlook; and the effect on the living conditions of existing and future occupiers of the main dwelling, having regard to the provision made for outdoor amenity space
  • Appeal A Ground (f): Whether the notice requirements are excessive
  • Appeal B Ground (c): Whether the matter stated in the notice constitutes a breach of planning control
  • Appeal B Ground (a): The effect of the shed on the living conditions of the existing and future occupiers of the dwelling, having regard to the provision made for suitable outdoor amenity space; and the effect on the living conditions of neighbouring occupiers, having regard to outlook

What decided it

Appeal A: the substantial and harmful increase in noise and disturbance to neighbouring occupiers from residential use conflicted with development plan policies and outweighed personal circumstances; Appeal B: the shed caused no unacceptable harm to living conditions subject to removal of the canopy.

Appeal A: the harm to neighbouring occupiers' living conditions from noise and disturbance outweighed the personal circumstances of the occupier; Appeal B: the benefits of permitting the shed were not outweighed by harm to living conditions, subject to the canopy removal condition.

What the Inspector cited

Development plan policies
Policy DMH 6Policy DMHD 2Policy DMHB 18Policy DMHB 11Policy DMHD 1Policy BE1

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 Hillingdon

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

  1. Dismissed27 October 20266009856
    18-20 Wilmar Close, Hayes, UB4 8ET
  2. Notice varied and upheld29 September 20263348967
    65 Blunts Avenue, Sipson, West Drayton, UB7 0DS
  3. Notice varied and upheld22 September 20263363255
    2 Milton Close, Hayes, UB4 0DE
  4. Notice varied and upheld22 September 20263363247
    2 Milton Close, Hayes, UB4 0DE
  5. Dismissed18 September 20266011516
    73 High Street, Ruislip, HA4 8JB

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.