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Planning appeal decision

Notice varied and upheld18 March 20243330255

Land Adjacent to 42 Bideford Avenue, Perivale, Wembley, Middlesex, HA0 3AU

Planning appeal 3330255 at Land Adjacent to 42 Bideford Avenue, Perivale, Wembley, Middlesex, HA0 3AU (London Borough of Ealing) was allowed in part (a split decision) on 18 March 2024 by Inspector Boffin D, following an inquiry. The main issue, as the Inspector framed it: Ground (b): whether the appellant has shown, on the balance of probabilities, that the alleged matters (change of use to a shisha lounge) had not occurred as a matter of fact.

without planning permission the material change of use of premises to a shisha lounge

Authority
London Borough of Ealing
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
leisure-sport · Change of use
Inspector
Boffin D
Postcode
HA0 3AU

Main issues, as the Inspector framed them

  • Ground (b): whether the appellant has shown, on the balance of probabilities, that the alleged matters (change of use to a shisha lounge) had not occurred as a matter of fact
  • Ground (c): whether the matters alleged in the enforcement notice constitute a breach of planning control, requiring identification of the previous lawful use and whether a material change of use has occurred
  • Ground (d): whether, at the date the notice was issued, no enforcement action could be taken because the alleged use had continued, without significant interruption, for at least ten years

What decided it

The evidence demonstrated that the premises was being used for the primary purpose of a shisha lounge, materially different from the previous lawful restaurant/takeaway use, and no ten-year immunity was established.

The decision letter

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More decisions in London Borough of Ealing

The authority’s record since 2016 · every decision in 2024

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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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