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Planning appeal decision

Notice upheld6 March 20263358699

7 Niagara Avenue, LONDON, W5 4UD

the material change of use of the rear outbuilding to use as a separate self-contained residential dwelling”

Authority
London Borough of Ealing
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Street E

Main issues, as the Inspector framed them

  • the effect of the development on the character and appearance of the area
  • the living conditions of neighbours in terms of noise and disturbance
  • the living conditions of current and future occupiers in terms of outlook, internal living space and private external space

What decided it

The substantial and enduring harms to character and appearance, neighbouring living conditions, and occupier living conditions significantly and demonstrably outweighed the very limited housing benefits of a single unit, such that the presumption in favour of sustainable development did not apply.

The adverse impacts of harm to character and appearance, neighbouring living conditions, and occupier living conditions, ascribed substantial weight, significantly and demonstrably outweighed the very limited benefits of providing one housing unit in a sustainable location, such that the presumption in favour of sustainable development did not apply.

Framework references: 11, 135

Plan policies cited: Policy D3 of the London Plan 2021, Policy D6 of the London Plan 2021, Table 3.1 of the London Plan 2021, Policies 7A, 7B, 7D and 3.5 of the Ealing Adopted Development Management Development Plan Document 2013, Policy DDA of the Draft Ealing Local Plan (Regulation 22), Planning New Garden Space Supplementary Planning Document

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.