Case 3365093

113 Beechmount Avenue, London, W7 3AF

London Borough of Ealing — appeal allowed

Outcome
Allowed
Decision date
15 September 2025
Authority
London Borough of Ealing
Inspector
Wilson S
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr Mendel Moses
LPA reference
250482FUL
ONS LPA code
E09000009
Jurisdiction
Transferred
Link status
Not Linked
Start date
7 May 2025

Summary AI

The appeal is allowed for the proposed first floor rear extension to a 6 unit HMO to convert it into a 7 unit HMO, subject to certain conditions. The Inspector found that the development would not have an adverse effect on the living conditions of occupiers, and that the communal space would be adequate to serve the seven occupiers of the HMO.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

113 Beechmount Avenue, London, W7 3AF — London Borough of Ealing — Appeal Decision Site visit made on 9 July 2025 by S Wilson LL.B. MSc MRTPI Decision by John Morrison BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 15 September 2025 Appeal Ref: APP/A5270/W/25/3365093 113 Beechmount Avenue, Hanwell, Ealing W7 3AF • 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 Mendel Moses against the decision of the Council of the London Borough of Ealing. • The application Ref is 250482FUL. • The development proposed is the erection of a first floor rear extension to facilitate the conversion of an existing 6 unit HMO (C4) into 7 units 7 person HMO (Sui generis) together with the provision of refuse and cycle storage. Decision 1. The appeal is allowed, and planning permission is granted for the erection of a first floor rear extension to facilitate the conversion of an existing 6 unit HMO (C4) into 7 units 7 person HMO (Sui generis) together with the provision of refuse and cycle storage, at 113 Beechmount Avenue, Hanwell, Ealing W7 3AF, in accordance with the terms of the application 250482FUL, subject to the conditions set out in the attached schedule.

Page 1 · Chunk 1 Appeal Decision

113 Beechmount Avenue, London, W7 3AF — London Borough of Ealing — Appeal Decision Appeal Procedure 2. The site visit was undertaken by a representative of the Inspector whose recommendation is set out below and to which the Inspector has had regard before deciding the appeal. Main Issue 3. Whether or not the proposed development would provide acceptable living conditions for occupiers with specific regard to communal living space. Reasons for the Recommendation 4. The appeal building currently contains six generously sized ensuite bedrooms. The seventh would be provided (in part) in the first floor extension. The existing situation includes a large open plan kitchen/dining/living space on the ground floor. It has space for a reasonably sized table. It is bright and airy with a window and a door which look onto and give direct access to the rear garden. It has multiple cookers, sinks and space for fridges, food and utensil storage. The servicing area’s size, provision and layout are designed around multiple use being in an elongated L shape along two of the room’s walls. The whole room measures approximately 20 square metres (sqm). This space is intended to serve the seventh occupant. 5.

Page 1 · Chunk 2 Appeal Decision

113 Beechmount Avenue, London, W7 3AF — London Borough of Ealing — Appeal Decision The evidence suggests that, in regard to local authority licensing requirements, the minimum communal kitchen size should be 11sqm and living room 12.5sqm. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

113 Beechmount Avenue, London, W7 3AF — London Borough of Ealing — Appeal Decision The evidence suggests that, in regard to local authority licensing requirements, the minimum communal kitchen size should be 11sqm and living room 12.5sqm. https://www.gov.uk/planning-inspectorate Appeal Decision APP/A5270/W/25/3365093 Licensing is a different regulatory regime and is not part of the development plan. Nonetheless it is useful guidance. There are no expressed minimums set out in the cited policies. 6. The open and bright feel to the shared space makes it seem substantially sized. The units all contained to two walls maximises circulation space and the area capable of accommodating a table to the opposite corner would mean this would still be the case. The generous size of each private room also offers space to use for occupiers and the access to the rear garden offers further communal space. I note the Council’s concerns in this regard, and specifically whether occupiers of the rearmost ground floor bedrooms would be adversely affected by the circulation of residents, but the rooms appear contained, with a single rearward outlook, the garden is of reasonable size and it would mainly be used in less inclement weather, limiting the impact of any perceived effect on occupiers’ living conditions. 7.

Page 2 · Chunk 4 Appeal Decision

113 Beechmount Avenue, London, W7 3AF — London Borough of Ealing — Appeal Decision With this and the above in mind, the kitchen/living/dining room would be adequate communal space to serve the seven occupiers of the HMO going forwards and there would be no adverse effect on their living conditions. Consequently, there would not be any conflict with Policies D3 and D6 of the London Plan 2021, Policy 7B of the Ealing Development Management Development Plan Document 2013 and the relevant paragraphs of the National Planning Policy Framework 2024, insofar as they seek well designed healthy places which promote health and well- being with a high standard of amenity, adequately sized rooms, sufficient natural light, appropriate outlook and help to prevent or mitigate the impacts of noise. Other Matters 8. There is no evidence of anti-social behaviour or excessive noise at the existing HMO, and the appellant has committed to stringent tenant management protocols to monitor this and excessive noise. This appears to have satisfied the Council on the management of the property and mitigation of the issues, and I have no reason to disagree with their conclusions. 9.

Page 2 · Chunk 5 Appeal Decision

113 Beechmount Avenue, London, W7 3AF — London Borough of Ealing — Appeal Decision Neither the site nor the surrounding area is located within a Controlled Parking Zone and there is no compelling evidence to demonstrate that there is parking stress in the immediate area. At the time of my visit there was little traffic, if any, and there were many places to park. Furthermore, there is good access to public transport and there would be the provision of cycle storage on site. 10. I do not have any substantive evidence to indicate that there is a shortage of any particular type of housing in the area and the existing building is already a HMO. It would continue to be so, regardless of the outcome of this appeal. In addition, and whilst there may not be any other two storey first floor extensions in the immediate vicinity, the Council have not refused the proposal on character and appearance grounds or issues related to the living conditions of the occupiers of neighbouring dwellings. I did not observe anything on my site visit to indicate otherwise. 11. The effect of development on property values is not a planning matter, nor is the outcome of this case, in planning terms, affected by any controlling restrictions, covenants or other provisions set out in deeds of title.

Page 2 · Chunk 6 Appeal Decision

113 Beechmount Avenue, London, W7 3AF — London Borough of Ealing — Appeal Decision Further, I have no compelling evidence pertaining to whether or why the appeal scheme, given its current use which is not disputed, would adversely affect community cohesion or detrimentally impact on local services or infrastructure. These matters do not weigh against the proposal. https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 7 Appeal Decision

113 Beechmount Avenue, London, W7 3AF — London Borough of Ealing — Appeal Decision Further, I have no compelling evidence pertaining to whether or why the appeal scheme, given its current use which is not disputed, would adversely affect community cohesion or detrimentally impact on local services or infrastructure. These matters do not weigh against the proposal. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 8 Appeal Decision

113 Beechmount Avenue, London, W7 3AF — London Borough of Ealing — Appeal Decision Appeal Decision APP/A5270/W/25/3365093 Conditions 12. In addition to the standard three-year period implementation condition, it is necessary in the interest of certainty and precision, to define the plans with which the appeal scheme should accord. It is necessary to limit the number of residents to seven to regulate the overall effect of the proposal on the living conditions of occupiers. Additionally, a condition is necessary to ensure materials used in the construction of external surfaces match the existing, in order to respect the character and appearance of the area. Furthermore, a condition is necessary to ensure there would be adequate provision of cycle parking and bin storage at the property, to promote sustainable travel and protect the character of the area. 13. There are sufficient cooking facilities in the communal space and therefore no obvious reason why any residents would want to cook in their rooms where there are none. In any case, a condition aiming to control such would be problematic to enforce. I have not therefore suggested it be included. 14.

Page 3 · Chunk 9 Appeal Decision

113 Beechmount Avenue, London, W7 3AF — London Borough of Ealing — Appeal Decision The Council has suggested a condition requiring that the development shall not be commenced until details have been submitted and approved in regard to enhanced sound insulation values of at lease 5db above the ADE Building Regulations values, for the floor/ceiling/wall structures separating different types of rooms/uses in adjoining dwellings/areas, namely, bedrooms adjoining/below/above the communal room and bathrooms of separate dwellings, and of at least l0dB enhancement for bedrooms adjoining the communal main entrance/staircase. 15. Given HMOs are covered by building regulations it would be unreasonable and unenforceable to impose an enhanced condition without specific evidenced reasons or a development plan policy derivation. The rear ground floor bedrooms may be adjacent to a communal room, but the wall here is the original external wall and as such I do not consider the condition necessary. Conclusion and Recommendation 16. For the reasons given above, the appeal scheme complies with the development plan and there is nothing sufficiently compelling to suggest otherwise. I therefore recommend that the appeal should be allowed.

Page 3 · Chunk 10 S Wilson

113 Beechmount Avenue, London, W7 3AF — London Borough of Ealing — S Wilson APPEAL PLANNING OFFICER Inspector’s Decision 17. I have considered all the submitted evidence and my representative’s report and on that basis the appeal is allowed, subject to the conditions stated.

Page 3 · Chunk 11 John Morrison

113 Beechmount Avenue, London, W7 3AF — London Borough of Ealing — John Morrison INSPECTOR https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 12 John Morrison

113 Beechmount Avenue, London, W7 3AF — London Borough of Ealing — John Morrison INSPECTOR https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/A5270/W/25/3365093 Schedule of Conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with drawing numbers: Location plan, E001, E002, E003, E004, P001, P002, P003, P004, P005. 3) The use hereby permitted shall be limited to occupation by seven persons at any one time. 4) The external materials of the extension hereby permitted shall match those used in the existing building/dwelling. 5) The use hereby permitted shall not be first occupied until space has been laid out in accordance with the plans hereby approved for bicycle and refuse/recycling storage. The spaces shall thereafter be kept available for the stated purposes only. https://www.gov.uk/planning-inspectorate 4

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

Main issues and findings

Living conditions
Against appellant
¶4-7

The Inspector found that the communal kitchen/living/dining room would be adequate communal space to serve the seven occupiers of the HMO, and that there would be no adverse effect on their living conditions.

Green belt
For appellant
¶null

The Inspector found that the development was not located within a Controlled Parking Zone, and that there was no compelling evidence to demonstrate that there was parking stress in the immediate area.

Housing land supply
For appellant
¶10

The Inspector found that there was no evidence of a shortage of any particular type of housing in the area, and that the existing building was already a HMO that would continue to be so regardless of the outcome of the appeal.

Conditions
For appellant
¶12

The Inspector found that certain conditions were necessary to regulate the overall effect of the proposal on the living conditions of occupiers, including a condition to limit the number of residents to seven, a condition to ensure materials used in the construction of external surfaces matched the existing, and a condition to ensure adequate provision of cycle parking and bin storage.

Policies relied on

Reference Weight
Policy 7B of the Ealing Development Management Development Plan Document 2013
Substantial
Policy D3 and D6 of the London Plan 2021
Substantial
relevant paragraphs of the National Planning Policy Framework 2024
Substantial

Site constraints from the Casework Database

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

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 15 September 2025 under the Open Government Licence.