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Planning appeal decision

Quashed On Legal Grounds26 April 20243331665

823 Western Road, London, NW10 7LT

Planning appeal 3331665 at 823 Western Road, London, NW10 7LT (Old Oak and Park Royal Development Corporation) was decided (quashed on legal grounds) on 26 April 2024 by Inspector Boffin D, following an inquiry. The main issue, as the Inspector framed it: Whether, on the balance of probabilities, the appellants have shown that the alleged mixed use of the building (restaurant, entertainment venue and shisha lounge, Sui Generis) has not occurred as a matter of fact (ground (b)).

Without planning permission, the material change of use of the building to a mixed use comprising a restaurant, entertainment venue and shisha lounge (Sui Generis)

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
leisure-sport · Householder developments
Inspector
Boffin D
Postcode
NW10 7LT

Main issues, as the Inspector framed them

  • Whether, on the balance of probabilities, the appellants have shown that the alleged mixed use of the building (restaurant, entertainment venue and shisha lounge, Sui Generis) has not occurred as a matter of fact (ground (b))

What decided it

The Inspector found that the building was, in fact, in a wider composite mixed use including commercial/office uses not referred to in the enforcement notice, so the alleged breach had not occurred exactly as alleged.

What the Inspector cited

Judgments
Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207

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 Old Oak and Park Royal Development Corporation

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

  1. Notice varied and upheld18 September 20253354820
    Centre House St. Leonards Road, London, NW10 6ST
  2. Notice upheld17 January 20253328458
    860A Coronation Road, London, NW10 7PS
  3. Notice upheld14 November 20243326379
    245A Acton Lane, Park Royal, London, NW10 7NR
  4. Notice upheld7 November 20243324326
    6 Standard Road, Chase Estate, Acton, London, NW10 6EU
  5. Notice upheld23 July 20243333433
    34 Standard Road, London, NW10 6EU

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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