®Planning appeal decision
Notice varied and upheld18 March 20243330255
Land Adjacent to 42 Bideford Avenue, Perivale, WEMBLEY, Middlesex, HA0 3AU
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
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 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.