Planning Committee 11/08/2010 Schedule Item: 05
FOR ACTION PLANNING COMMITTEE ENFORCEMENT REPORT
Our Ref:COM/2009/00783
Report prepared by: Sarah Marshall Date: 10 January 2012
Report cleared by (signature):
Ward: Address:
Hanger Hill 46 PARK VIEW ROAD, EALING W5 2JB
Report recommending enforcement action against the alleged breach of
planning control:
Without planning permission the use of the property as a mixed residential
(C3)/events venue (sui generis) including commercial weddings, corporate
functions, filming for television and feature films photo shoots, private parties and
charity events at 46 Park View Road, Ealing.
1.0 RECOMMENDATIONS
1.1 It is RECOMMENDED that:
i) The Head of Planning Services be authorised to take enforcement
action to secure the:
Cessation of the use of the property as a mixed residential
(C3)/events venue (sui generis) including commercial weddings,
corporate functions, filming for television and feature films photo
shoots, private parties and charity events. For the following
reasons:
a) The alleged breach of planning control has occurred within the
last 10 years, therefore it is not immune from enforcement
action.
b) The unauthorised use of the site by reason of its impact on the
local residential amenity, inappropriateness of the site for a
mixed C3/sui generis use, and detrimental impact on traffic and
parking is contrary to policies 4.1, 4.2, 4.11, 6.1, 9.1, 9.7 and 9.9
of the adopted Ealing Unitary Development Plan „Plan for the
Environment‟ (2004) and the Council‟s Supplementary Planning
Guidance 10 „Noise and Nuisance‟.
c) The Council considers that it is expedient to serve the Notice
and that there are no steps short of those required by the
Council, which can be taken to remedy the breach of planning
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control.
2.0 Details of Enforcement Investigation
2.1 On the 19th November 2009 the Council received a complaint that a number
of Heavy Goods Vehicles (HGV‟s) were seen entering and leaving the site.
A site visit was carried out on the 4th December 2009, however no HGV‟s
were witnessed at that time. Therefore, it was not possible for the Council to
establish if a material change of land use or a breach of planning control
had occurred.
2.2 Following the site visit, the Planning Enforcement officer contacted the
complainant to detail what type of evidence would be required in relation to
any further activities for the Council to come to a view as to whether a
possible breach of planning control was occurring and to explain what
courses of action were open to the Council.
2.3 In March 2010, the licensing team within the Council's Regulatory Services
section, who had also been investigating complaints regarding this site and
possible breaches of licensing regulations, brought to the Planning
Enforcement team's attention the web site: www.whitehouselondon.com that
advertised the use of 46 Park View Road for commercial or other events,
such as weddings, corporate events as well as charity events. On the basis
of the further evidence submitted to the Council by both the complainant and
what was viewed on the website it was considered, that on balance, a
material change of use, from a residential dwelling to a mixed use of
residential use and a „sui generis‟ use (as an events venue) had occurred.
2.4 On the 11th March 2010 the owner was made aware that the Council
considered that the use of his property had changed to a mixed use of
residential/‟sui generis‟ and that planning permission would be required for
such a change of use. Subsequent to the Council's correspondence, the
owner has made some alterations to the contents of the website and also to
the way in which these events are run. This was mainly to ensure
compliance with the Licensing Act 2003. However this does not overcome
the outstanding planning issues.
2.5 Planning Enforcement Officers met with the owner at the property on the
13th May 2010 to view the interior of the property and to discuss the
activities that were taking place on the site. It was confirmed during this site
visit that a wedding would take place at the property on the 15th May 2010.
The officers informed the Council‟s Noise and Nuisance Team of this and
subsequently officers from both this team and the Planning Enforcement
Team visited the site during the day and evening of the event on the 15 th
May 2010.
2.6 As a result of the evidence provided to the Council to date and the findings
of Council officers, the Council is satisfied that the current mixed use of the
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property amounts to a breach of planning control and that if planning
permission would be granted for this material change of use it would not be
unconditional.
2.7 The Council has written on the 20th May 2010 to the owner of the property
requesting the submission of a planning application to regularise the breach
of planning control. A meeting between the owner of the property, his agent
and enforcement officers was held on the 15th July 2010 where it was
confirmed that a planning application would be forthcoming, however no
application has been submitted to the Council to date. Therefore in
accordance with PPG 18 the Council has assessed that it is expedient to
take enforcement action against this unauthorised use.
3.0 EVIDENCE OF BREACH OF PLANNING CONTROL
3.1 Material change of use of the land
The lawful use of the land is a dwellinghouse, Use Class Order C3 as
defined in the Annex to the Town and Country Planning (Use Classes)
Order 1987, as amended and is currently operating as a mixed C3/ Sui
Generis use. A sui generis use is one which does not fall within any use
class under the order. Section 55 of the Town and Country Planning Act
1990 states that “development,” includes any material change in the use of
any buildings or land other than when the land or buildings within the
curtilage of a dwellinghouse is used for any purpose incidental to the
enjoyment of the dwellinghouse.
3.2 The assessment for a „change of use‟ is based on fact and degree. The
Council is aware of 12 events having been held at the site to date with
another 5 to be held over the next 8 weeks. The capacity for this site is
between 200 to 300 guests. A Council Officer witnessed one event held at
the site during May. This event was a private wedding reception and the
guests arrived by private cars and the bride and groom by horse drawn
carriage. Whilst some events can be carried out at properties without a
material change of use occurring, in this instance due to the nature of the
events, the number of events that are occurring, both private and
commercial, along with the level of advertising, the Council has assessed
that a material change of use has occurred.
3.3 The Council has no record of planning permission being granted for the
subject site to be used as a mixed C3/sui generis use. Therefore the use is
unlawful and the property could be subject to enforcement action.
Immunity
3.4 Under Section 171B (3) of the Town and Country Planning Act 1990 (as
amended) any material change of use, has an immunity period of 10 years
before it has deemed consent and would not be in breach of planning
control. The sui generis use was introduced to the site in the last 2 years
with an intensification of this use within the last 12 months. This
corresponds with the complaints received by the Council.
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EXPEDIENCY OF TAKING ENFORCEMENT ACTION
4.0 Property Description
4.1 The subject site is located on the western side of Park View Road, Ealing
approximately 80 meters south of the intersection with Hillcrest Road.
4.2 The subject site is an „L‟ shaped site with a detached dwelling located at the
rear which is a heavily modified Edwardian dwelling that has been re-
constructed in an authentic neo-classical style. Situated in the southeastern
corner of the site, just within the entrance of the property, stands a 1.5
storey coach house. A second coach house has been proposed and will
mirror the existing coach house and will be located in the northeastern
corner of the site.
4.3 The site features mature trees providing extensive boundary screening from
adjoining properties and the reservoir which adjoins the site on the western
boundary. The site is screened from Park View Road by a very high white
rendered wall which has 2 electronic gates which are normally closed. Park
View Road is predominately residential and the site is zoned under the
Unitary Development Plan as being residential. Within the surrounding
locality are 2 sports grounds, the Barclays Sports Ground having a frontage
onto Park View Road.
4.4 The site is not located within a conservation area nor is the building listed.
The western boundary of the site adjoins the edge of the Ealing Cricket
Conservation Area which was confirmed in October 2004 but is not subject
to an Article 4 direction. The subject site is subject to a Tree Preservation
Order (TPO) number 588A which was confirmed on the 19th March 2004.
This TPO is a blanket order which covers all trees on the site.
4.5 Impact On Neighbours And Local Area
The character of the surrounding area is predominately residential including
the adjoining sites to the northern and southern boundaries of the site.
Whilst the site is not located within a conservation area the site adjoins the
Ealing Cricket Conservation Area. It is acknowledged that there are some
non-residential uses within the surrounding area, however the sites in close
proximity are purely residential activities. The introduction of a sui generis
use in this location is an incongruous activity and does not enhance or
protect the living conditions of the surrounding environment.
4.6 The Pollution Control Team within the Council‟s Regulatory Service
Department have received complaints regarding noise nuisance which they
are currently in the process of investigating. While there is some
landscaping around the boundaries of this site, this does not ensure that the
adjoining residential dwellings, which are in close proximity to the
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boundaries of the subject site, are protected from noise nuisance. Policy
4.11 stipulates that any development which creates noise should have
suitable noise attenuation and not be in close proximity to other activities
where this would create a nuisance. Due to there not being a restriction on
the hours and nature of the operation, and the current operations where
people are permitted to hire the property for a day, a week or longer,
functions can continue into unsociable hours and have a detrimental effect
on the living conditions of the surrounding residents. The site has a public
transport accessibility level of 1-2.
Policy 4.1 indicates, inter alia, that development will only be approved that
4.7 respects current standards of privacy and freedom from traffic nuisance,
disturbance or visual intrusion in relation to neighbouring land uses. The
events use gives rise to noise nuisance and nuisance from commercial
vehicles gaining access to and from the site and from traffic parking on local
streets when large scale events are held at the property. The use does not
comply with policy 4.1.
Suitability Of The Site
Policy 4.2 states that mixed uses will be promoted if the location is suitable
4.8 and the use does not conflict with other policies. The policy recommends
that if the location is not in a town centre a mixed use would be considered if
the site has good links with public transport. The policy further states that
the use should be compatible with the adjoining properties and the
surrounding area. The proximity to the nearest tube station is 0.42miles
from the site and there are no bus routes which go past this site.
Policy 6.1 stipulates that the Council will permit small-scale business uses in
residential properties, provided that there would be no detriment to the local
4.9 environment and that the residential occupation would not cease. While the
property is still being used for residential occupation, the commercial aspect
of the use of the property is having an adverse effect on the local residential
environment. Therefore the use is not suitable for the site and does not
accord with policies 4.2 or 6.1.
Without having a formal application to assess, the Council is unable to
4.10 confirm that the site meets the objectives of policy 4.3 Inclusive Design-
Access for all. If an application was submitted to the Council, aspects such
as parking, the inclusion of lifts and ramps, and wheelchair and other
disabilities facilities would be assessed to ensure that this property had
suitable functions to ensure people with disabilities were not discriminated
against.
Traffic
4.11 The following comments have been provided by the Council‟s Transport
Team regarding this unauthorised use:
“The site has a Public Transport Accessibility Level (PTAL) of between 1
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4.12 (very poor) and 2 (below average), therefore it is not in the most accessible
location”. Therefore it can be assessed that this does not meet the
objectives of policy 9.7 of the Unitary Development Plan.
4.13 “The controlled parking zone only operates Monday to Friday 9AM-10AM
and 3PM - 4PM so it is unlikely that this will act as much of a deterrent”.
“On the face of it then, it is not something we would support as this type of
4.14 venue would be best situated in an area of high accessibility to increase the
mode options of visitors and would be contrary to the Council's adopted
UDP policy 9.1 as it (i) fails to maximise access on foot, wheelchair and
bicycle, (ii) fails to maximise use by public transport, (iii) fails to consider the
availability of parking spaces, (iv) fails to provide sufficient off street car
parking spaces, (v) fails to provide servicing and (vi) fails to ensure the
surrounding streets are not subject to parking stress”.
4.15 “For an application we would require a transport assessment detailing the
impact of the development on the highway including servicing, car parking
arrangements etc and a travel plan detailing how this impact will be
minimised. It is likely that there will be a requirement for the CPZ to extend
the hours of operation for at least when an event is taking place”.
4.16 It has been noted that during these events coaches and HGV‟s have been
used for the delivery of equipment and guests relating to the events. Policy
9.9 stipulates that the Council will regulate development in the interest of
road safety and make the best of available road space for all uses. The
classification of the road to which the development would gain access is an
important consideration. Development which would generate significant
traffic increases on local roads will be resisted. It is therefore considered
that the events use at this address, on a local road, is contrary to this
policy.
5.0 RELEVANT PLANNING HISTORY
Application Development Description Decision Decision
Number Date
11529/1 ERECTION OF TWO STOREY SIDE GRANTED 10-01-1990
EXTENSION TO DWELLINGHOUSE. CONDITIONALLY
15229 ERECTION OF SINGLE AND THREE REFUSED 20-02-1974
STOREY EXTENSIONS AND THE
PROVISION OF FIVE DORMER
WINDOWS.
15229/2 Detached three storey six bedroom house WITHDRAWN 10-12-2002
in garden of number 46 ( to replace
existing two storey garage and swimming
pool) with parking and landscape.
15229/3 Alteration to front dormer windows, 2 GRANTED 10-06-2003
dormer extensions to side roof slopes of CONDITIONALLY
house, ground floor extensions to rear and
two storey extension to side of house,
removal of chimney stacks and alteration
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to windows on all elevations
15229/4 Two storey side extension, roof extension GRANTED 10-06-2003
and new stair enclosure CONDITIONALLY
15229/5 Alterations at ground and first floors and GRANTED 10-11-2003
roof level and formation of roof terraces CONDITIONALLY
with decorative balustrades
15229/6 Two storey rear extension with mansard GRANTED 18-03-2004
roof and widening of dormer window on CONDITIONALLY
rear roof slope
15229/7 Two storey height portico on south GRANTED 11-02-2004
elevation CONDITIONALLY
P/2005/3125 Proposed redevelopment of detached GRANTED 23-02-2006
outbuilding CONDITIONALLY
P/2006/3749 Redevelopment of garage buildings to GRANTED 15-03-2007
create entrance building with garage and CONDITIONALLY
ancillary residential accommodation
P/2007/2927 Redevelopment of garage buildings to GRANTED 06-09-2007
create two storey entrance building with CONDITIONALLY
garage and ancillary residential
accommodation to the front of the site with
a central arched driveway access beneath
(Duplicate submission of P/2006/3749
approved 15/03/2007)
P/2007/4577 Details of hard and soft landscaping, GRANTED 26-11-2007
replacement trees and tree protection UNCONDITIONALLY
measures pursuant to Condition 4 & 5 of
planning approval P/2007/2927 dated
06/09/2007 for redevelopment of garage
buildings to create two storey entrance
building with garage and
P/2007/5008 Details of materials pursuant to condition GRANTED 14-07-2010
2 of planning permission ref: P/2007/2927 UNCONDITIONALLY
dated 06.09.07 for redevelopment of
garage buildings to create two storey
entrance building with garage and
ancillary residential accommodation to the
front of the site w
P/2007/5009 Details of materials pursuant to condition GRANTED 14-07-2010
2 of planning permission ref P/2006/3749 UNCONDITIONALLY
dated 15/3/07 for redevelopment of
garage buildings to create entrance
building with garage and ancillary
residential accommodation
PLANNING POLICIES
6.0 National Policy
National Planning policy guidelines issued by Central Government, and
specifically relevant to the enforcement of planning control, include
„Planning Policy Guidance Note 18: Enforcing Planning Control‟. Central
Government advice on enforcement matters is also set out in Circular 10/97,
„Enforcing Planning Control: Legislative Provisions and Procedural
Requirements‟.
Local Policy
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The following policies are of direct relevance to the issues referred to in this
report:
Adopted Ealing Unitary Development Plan ‘Plan for the Environment’
(2004)
Policy 4.1- Design of Development
1. The design of development should be guided by the following principles:
i) Good Layout;
ii) Appropriate Height and Scale;
iii) High Quality Architecture and Character;
iv) Appropriate Materials;
v) Sustainability;
vi) Inclusive Design - Access for all;
vii) Community Safety;
viii) Legibility;
ix) Appropriate Hard and Soft Landscaping;
x) Adaptability.
2. The Council will only approve development that respects current
standards of safety, natural light, health, privacy and freedom from traffic
nuisance, disturbance or visual intrusion in relation to neighbouring land
uses.
3. An Urban Design Statement should be submitted for all significant
development proposals within the Borough, particularly those sites that
are likely to have a significant impact on the public realm, are sited within
an area of character or are major regeneration schemes.
Policy 4.2 - Mixed Use
The Council will promote mixed-use development, particularly in town
centres and other areas with good public transport accessibility. In other
locations the Council may seek a mixture of uses, where this does not
conflict with other policies. In all cases the Council will take into account the
scale and nature of the proposed development relative to the mix of land
uses in the surrounding area.
Policy 4.3- Inclusive Design - Access for All
Development should be accessible to all, and proposals will be expected to
provide:
1. Appropriate design of spaces between and around buildings, including
parking provision, access points for public and community transport, surface
treatment of pavements and pedestrian areas, kerbs and crossing, ramped
changes in level, street furniture and sign-posting;
2. Accessible entrances to/exits from buildings, including level or ramped
access points, handrails for use by adults and children, entrances which are
wide enough for wheelchair users and doors that everyone can use safely;
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3. Internal space and layout which allows for accessible reception areas,
corridors, toilets, lifts, stairways and the main areas of buildings;
4. Requirements relating to different aspects of disability, including
wheelchair use, guide dog use, ambulant disability and sensory impairment
(sight or hearing).
Policy 4.11- Noise and Vibration
1. Development generating noise or vibration will not be permitted where it
would cause noise or vibration above acceptable levels, particularly where it
would harm existing or proposed noise sensitive development, unless this
can be satisfactorily attenuated.
2. Noise - sensitive development will not be permitted where its users would
suffer noise above acceptable levels, unless this can be acceptably
attenuated.
Policy 6.1- Supply of Land and Property for Business Use
1. The Council will seek to develop a sustainable economic mix in the area;
by retaining an appropriate land supply for industrial and warehousing units
in Major Employment Locations, light industrial uses on Employment Sites,
a wider range of employment uses including offices in shopping centres and
at transport nodes, and smaller local economic activities at non-designated
sites.
2. In addition, in appropriate circumstances, the Council will permit small-
scale business use in residential property, provided that there would be no
detriment to the local environment, and there would be continued residential
occupation of the individual residential unit concerned.
Business Use in Residential Property: also provides for an increasing,
though small, proportion of business use in the borough.
Policy 9.1- Development, Access and Parking
Planning permission will normally only be granted for development which
ensures traffic safety, and:
(i) Maximises access on foot, and by wheelchair and bicycle, including
provision for parking and other facilities;
(ii) Maximises public transport use by visitors, employees and residents;
(iii) Considers the availability of car parks and on-street parking in the area,
and where necessary, contributes to parking control and other local traffic
restraint measures, consistent with the local Area Transport Strategy;
(iv) Provides off-street car parking for journeys which cannot be catered for
in any of the above ways, and in any case no more than the Council's
maximum requirement;
(v) Provides space for servicing and the parking of service vehicles and
coaches, including -
(a) Adequate manoeuvring and loading/unloading space for freight and
passenger vehicles,
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(b) Adequate means of vehicular and pedestrian access to the site,
(c) Good design of the parking and servicing area;
(vi) Ensures that the surrounding streets are not subject to parking stress or
danger or nuisance from inappropriate on-street parking or waiting as a
result of the proposed development;
(vii) Provides a Travel Plan and a Transport Assessment when requested by
the local planning authority.
Policy 9.7 - Accessible Transport
1. The Council will encourage development that makes provision for
accessible transport, serving people with disabilities and others with mobility
difficulties.
2. Designated drop-off and pick-up points should be provided within the site,
which facilitate access for disabled people.
3. Development which generates large numbers of trips to and from the site,
should contribute to accessible transport services through planning
obligations.
Policy 9.9 – Highways and Traffic Management
The Council will regulate development in the interest of road safety and
make the best of available road space for all uses. The classification of the
road to which the development would gain access is an important
consideration. On strategic and main distributor roads, access points will be
limited, with proposals to enhance bus operations, cycling, and the local
environment. Development which would generate significant traffic
increases on local roads will be resisted.
Supplementary Planning Guidance 10 „Noise and Vibration
7.0 CONSULTATION
None.
8.0 FINANCIAL IMPLICATIONS
None
9.0 LEGAL IMPLICATIONS
The report recommends that the Council exercise its powers under Section
172 of the Town & Country Planning Act 1990 by serving an Enforcement
Notice and taking enforcement action.
Any enforcement notice may be appealed to the Planning Inspectorate.
10.0 HUMAN RIGHTS
10.1 In making your decision, you should be aware of and take into account any
implications that may arise from the Human Rights Act 1998. Under the Act,
it is unlawful for a public authority such as the LONDON BOROUGH OF
EALING to act in a manner that is incompatible with the European
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Convention on Human Rights.
10.2 You are referred specifically to Article 8 (right to respect for private and
family life), Article 1 of the First Protocol (protection of property). It is not
considered that the action that is recommended in this report interferes with
applicant‟s right to respect for their private and family life, home and
correspondence, except insofar as it is necessary to protect the rights and
freedoms of others (in this case, the rights of neighbours). The Council is
also permitted to control the use of property in accordance with the general
interest. You are further advised that if the Council resolves to approve the
recommendation contained in this report, enforcement action is a
proportionate response to the harm caused by this unauthorised
development.
10.3 It is considered that, whilst the action that is recommended in this report will
deprive the owner of the site of part of his business (albeit unauthorised)
such action is being taken in the general interest. In this case the Council
deems it necessary to control the use of this property in the general interest
of the overall area. In this case the Council deems it necessary to control
the use of this property in accordance with the general interest for the
reasons set out in this report (Article 1 of the First Protocol applies). The
enforcement action is a proportionate response to the harm caused by this
unauthorised development.
11.0 STAFFING AND ACCOMMODATION IMPLICATIONS
The institution of legal proceedings relating to enforcement matters is a
function of the Local Planning Authority that the Council can undertake with
the existing staff provisions.
12.0 CONCLUSION
The alleged unauthorised use of a residential property as a mixed C3/ sui
generis use at 46 PARK VIEW ROAD, EALING fails to comply with the aims
and objectives of the development plan policies and guidance referred to in
this report.
The Council adopted a „Planning Enforcement Policy‟ in July 2004. It is
recognised that, when considering whether to take enforcement action, the
decisive issue for the Council should be whether the breach of control
would unacceptably affect public amenity, or the existing use of land or
buildings, meriting protection in the public interest.
The Policy recognizes that where development is unacceptable as it stands,
but could be considered acceptable subject to alterations or modifications,
the enforcement recommendation should be to require that those alterations
or modifications be carried out. This is not relevant in this case. Opportunity
has been provided to discuss alternative proposals, but no attempt has
been made to remedy the planning breach. The only way open to the
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Council to remedy the situation is by the issue of an Enforcement Notice to
secure the cessation of the unauthorised use of the property.
It is therefore recommended that the Head of Planning Services be
authorised to take enforcement action.
13.0 BACKGROUND INFORMATION
14.1 File Ref.: COM/2009/00783 is available by prior appointment for inspection
on the Ground Floor, Perceval House 14-16 Uxbridge Road, W5 2HL.
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