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Planning appeal decision

Split Decision23 July 20263377789

44 Hill Rise, GREENFORD, UB6 8PB

Without planning permission: The removal of the front bay windows and erection of a two storey front extension and porch; the erection of a part single storey, part two storey rear/side (wrap around) extension; alteration of roof from hip to gable end; rear roof extension and the material change of use of the resulting property to 8 self -contained flats

Authority
London Borough of Ealing
Appeal type
minor · Enforcement Notice
Procedure
Hearing
Development
residential · Change of use
Inspector
Hanson S

Main issues, as the Inspector framed them

  • the effect of the operational development on the character and appearance of the host dwelling, the semi-detached pair, and the surrounding area
  • the effect of the material change of use to eight self-contained flats on the living conditions of occupiers, with particular regard to internal space standards, outlook and amenity provision

What decided it

The eight self-contained flats fell substantially below London Plan Policy D6 minimum internal space standards, resulting in unacceptable living conditions for occupiers that were not outweighed by other material considerations.

the benefits of affordable, efficient use of the existing building did not outweigh the significant conflict with development plan living-condition standards, so permission for the change of use to 8 flats was refused, while the operational development was found to accord with the development plan and was permitted

Plan policies cited: London Plan Policy D3, London Plan Policy D6, Ealing Development Management DPD Policy 7.4, Ealing Development Management DPD Policy 7B, Ealing Development Management DPD Policy 3.5, Ealing Development Management DPD Policy 7D, Draft Ealing Local Plan Policy DAA

Judgments cited: Commercial Land Limited and another v SSTLGR and another [2002] EWHC 1264 (Admin); Atwill, R (On the Application Of) v New Forest National Park Authority [2023] EWHC 625 (Admin); Hillside Parks Limited v Snowdonia National Park Authority [2022] UKSC 30; Thayer v SSE 1991 WL 838530; [1992] JPL 264; Tapecrown Limited v The First Secretary of State and another [2006] EWCA Civ 1744; Ahmed v Secretary of State for Communities and Local Government and another [2014] EWCA Civ 566; Bhandal v Secretary of State for Housing, Communities & Local Government and another [2020] EWHC 2724 (Admin)

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.