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Planning appeal decision

Dismissed24 July 20233307097

22 St. Andrews Road, Acton, London, W3 7NE

Planning appeal 3307097 at 22 St. Andrews Road, Acton, London, W3 7NE (London Borough of Ealing) was dismissed on 24 July 2023 by Inspector Dyer S, following an inquiry. The main issue, as the Inspector framed it: The effect of the breeze block structure and the removal of windows and the bricking up of window apertures on the character and appearance of No. 22 and the surrounding area.

without planning permission the erection of a breeze block structure fronting St Andrews Road (marked with an 'X' on the attached plan), the removal of 2 first floor windows and bricking up of the window apertures (each marked with a 'Y' on the attached plan) and the creation of a self-contained unit in the ground floor left-hand side of the property (marked with a 'Z' on the attached plan)

Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
residential · Change of use
Inspector
Dyer S
Postcode
W3 7NE

Main issues, as the Inspector framed them

  • The effect of the breeze block structure and the removal of windows and the bricking up of window apertures on the character and appearance of No. 22 and the surrounding area.
  • Whether or not the self-contained dwelling (the GFLH flat) provides acceptable living conditions for current and future occupants.
  • Whether the Council's decision to refuse the application for an LDC was well-founded.

What decided it

The appellants failed to provide sufficiently precise and unambiguous evidence to demonstrate, on the balance of probabilities, that the flats had been in continuous use for the required four-year immunity period, and the created flat also caused harm to character/appearance and living conditions.

The development conflicted with Policies D3, D6, 7.4, 7B and 3.5 and with the development plan as a whole, with no other considerations weighing in favour, so the deemed planning application was refused.

What the Inspector cited

Development plan policies
Policy D3Policy D6Policy 7.4Policy 7BPolicy 3.5

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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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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