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Planning appeal decision

Dismissed24 July 20233307097

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

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)

Authority
London Borough of Ealing
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
residential · Change of use
Inspector
Dyer S

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.

Plan policies cited: Policy D3, Policy D6, Policy 7.4, Policy 7B, Policy 3.5

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.