Appeal Referred — the UK
APP/A5270/C/26/3377789
44 Hill Rise, UB6 8PB
The appeal decision concerns an enforcement notice issued by the London Borough of Ealing against J & J Transport Limited for unauthorized developments at 44 Hill Rise, Greenford. The alleged breaches included the removal of front bay windows, the erection of a two-storey front extension, a part single-storey/part two-storey rear/side extension, alterations to the roof, and a material change of use to eight self-contained flats. The Inspector's main issues were the impact of the operational development on the character and appearance of the host dwelling and the surrounding area, as well as the effect of the change of use on living conditions. The appellant argued that previous planning permission (ref. 215758FUL) authorized the works, but the Inspector found that the completed development differed materially from the approved scheme, thus constituting unauthorized development. The Inspector allowed the appeal in part, granting planning permission for some structural changes while varying the enforcement notice to remove the requirement to cease the use of the property as eight flats. However, the appeal was dismissed regarding the material change of use, as no permission had been granted for the use of the property as eight self-contained flats, which was deemed a separate development requiring its own planning permission. In conclusion, the Inspector upheld the enforcement notice with modifications, requiring compliance within six months, while recognizing the development's contribution to the character of the area despite its non-compliance with space standards and planning regulations.
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