Case 3344148

1 Salisbury Road, Southall, UB2 5QJ

London Borough of Ealing — appeal dismissed

Outcome
Dismissed
Decision date
10 October 2024
Authority
London Borough of Ealing
Inspector
Goldberg V
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr Sanjeev Manjania
LPA reference
240211FUL
ONS LPA code
E09000009
Jurisdiction
Transferred
Link status
Not Linked
Start date
27 June 2024

Summary AI

The appeal for a change of use from a two-bedroom dwelling to two one-bedroom flats was dismissed due to concerns over the suitability of the site for conversion and the living conditions of future occupants. The proposed development would not meet the standards for good quality homes and the best use of housing stock, as set out in the London Plan 2021.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

1 Salisbury Road, Southall, UB2 5QJ — London Borough of Ealing — Appeal Decision Site visit made on 4 September 2024 by V Goldberg BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 10 October 2024 Appeal Ref: APP/A5270/W/24/3344148 1 Salisbury Road, Southall UB2 5QJ • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Sanjeev Manjania against the decision of the Council of the London Borough of Ealing. • The application Ref is 240211FUL. • The development proposed is described as ‘Change of Use from C3 to x 2 Self-Contained 1 Bed 1 Person Flats. Proposed render finish was commenced on the 15th December 2023 with no other works being started until approval notice’. Decision 1. The appeal is dismissed. Preliminary Matters 2. During my visit I noted that the layout and footprint of the building do not correspond with the plans submitted as part of this appeal. I have made my assessment strictly on the basis of the plans before me. 3. The reasons for refusal on the decision notice do not refer to Policy GG4 of the London Plan 2021. However, the policy is referenced in both the Council’s officer report and the appellant’s statement.

Page 1 · Chunk 1 Appeal Decision

1 Salisbury Road, Southall, UB2 5QJ — London Borough of Ealing — Appeal Decision Accordingly, it is referred to in my decision. 4. Reference is made to Development Management: Development Plan Document Policy (DMDPDP) 3.41, but this refers to standards that were set out in the superseded 2011 London Plan. As a result, I ascribe less weight to this policy and I have considered this proposal against the more recent London Plan. Main Issue 5. The main issue is the whether the proposed development would be an efficient use of existing housing stock and the effect of the proposed development on the living conditions of future occupants, with particular reference to internal layout and garden space. 1 Adopted 2013 https://www.gov.uk/planning-inspectorate - APP/A5270/W/24/3344148

Page 1 · Chunk 2 Appeal Decision

1 Salisbury Road, Southall, UB2 5QJ — London Borough of Ealing — Appeal Decision Accordingly, it is referred to in my decision. 4. Reference is made to Development Management: Development Plan Document Policy (DMDPDP) 3.41, but this refers to standards that were set out in the superseded 2011 London Plan. As a result, I ascribe less weight to this policy and I have considered this proposal against the more recent London Plan. Main Issue 5. The main issue is the whether the proposed development would be an efficient use of existing housing stock and the effect of the proposed development on the living conditions of future occupants, with particular reference to internal layout and garden space. 1 Adopted 2013 https://www.gov.uk/planning-inspectorate - APP/A5270/W/24/3344148

Page 2 · Chunk 3 Appeal Decision

1 Salisbury Road, Southall, UB2 5QJ — London Borough of Ealing — Appeal Decision Reasons 6. The appeal site is a small end of terrace dwelling positioned within a small and unusual shaped plot. Rooms within the property are small but they facilitate the existing use well. To the rear the outdoor space is limited and comprises a triangular area enclosed by the flank walls of outbuildings on adjacent plots. 7. Whilst the policies referred to do not safeguard the loss of two-bedroom dwellings, Policies GG4, GG5 and H9 of the London Plan 2021 require good quality homes and the best use of housing stock. 8. The proposed flats would meet the overall minimum standards for one bed one person dwellings. However, the ground floor bedroom would meet the space standards for a double bedroom, therefore it is likely that this flat would be occupied as a one bed two-person dwelling. This would result in the ground floor flat not meeting the overall minimum standards as set out in the London Plan. 9. Even if, the flats are considered as one bed one person dwellings, both units fail to meet the living /kitchen/dining space requirements set out in the London Plan Guidance Housing Design Standards 2023 (LPGHDS).

Page 2 · Chunk 4 Appeal Decision

1 Salisbury Road, Southall, UB2 5QJ — London Borough of Ealing — Appeal Decision This guidance sets out that the standards at C2.5, should be met or exceeded, but both flats do not meet the required 21sq.m, thus emphasising the cramped nature of the units. 10. Policy D6 of the London Plan 2021 stipulates that a minimum of 5sq.m of private outdoor amenity space shall be provided for one to two person dwellings. Whilst the ground floor flat has access to the rear garden, there is no provision for private outdoor amenity space for the first floor flat. The lack of private outdoor amenity space for future occupants would be harmful to their living conditions. 11. Tying these considerations together, it has not been shown that adequate space would be provided which is ordinarily required for furniture and circulation. The proposed flats would accordingly fail to provide comfortable and functional rooms which are fit for purpose. Additionally, the first floor flat would have no access to appropriate outdoor space. 12. I acknowledge that the proposed development seeks to optimise the site.

Page 2 · Chunk 5 Appeal Decision

1 Salisbury Road, Southall, UB2 5QJ — London Borough of Ealing — Appeal Decision However, the loss of a well-proportioned small two-bedroom dwelling and its conversion into two cramped flats, as a result of reduced room sizes, due to changes to the internal layout, would fail to provide good quality homes or ensure the best use of housing stock. 13. For the reasons identified above, I conclude that the proposed development would not constitute an efficient use of existing housing stock and it would therefore have an unacceptable effect on the living conditions of future occupants, with particular reference to internal layout and garden space. The development is therefore contrary to the relevant provisions of London Plan Policies GG4, GG5 and H9 insofar as they require good quality homes. It is also contrary to London Plan Policy D6 and Policy 3.5 of the DMDPDP which refer to the standards in the LPGHDS. These amongst other things seek to provide quality housing and standards. https://www.gov.uk/planning-inspectorate - APP/A5270/W/24/3344148

Page 3 · Chunk 6 Appeal Decision

1 Salisbury Road, Southall, UB2 5QJ — London Borough of Ealing — Appeal Decision Other Matters 14. Whilst the appeal proposal would create one additional property with associated social and economic benefits, given the quantum of development these benefits would be limited and should not come at the expense of the suitability of the site for conversion and the living conditions of future occupiers. Accordingly, the harm would not be outweighed by the benefits to tip the planning balance in the appeal scheme’s favour. Conclusion 15. The proposal conflicts with the development plan as a whole and the material considerations do not indicate that the appeal should be decided other than in accordance with it. I therefore conclude that the appeal should be dismissed.

Page 3 · Chunk 7 V Goldberg

1 Salisbury Road, Southall, UB2 5QJ — London Borough of Ealing — V Goldberg INSPECTOR https://www.gov.uk/planning-inspectorate - APP/A5270/W/24/3344148

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
Against appellant
¶10

The ground floor flat has access to the rear garden, but there is no provision for private outdoor amenity space for the first floor flat, which would be harmful to their living conditions.

Living conditions
Against appellant
¶9

Both flats do not meet the required 21sq.m living/kitchen/dining space requirements, emphasizing the cramped nature of the units.

Living conditions
Against appellant
¶13

The proposed development would not constitute an efficient use of existing housing stock and it would have an unacceptable effect on the living conditions of future occupants.

Policies relied on

Reference Weight
London Plan 2021 GG4
Substantial
London Plan 2021 GG5
Substantial
London Plan 2021 H9
Substantial
London Plan 2021 D6
Substantial
DMDPDP 3.5
Limited
LPGHDS
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 10 October 2024 under the Open Government Licence.