- Decision
- dismissed, 18 September 2026
- Decided by
- Planning Inspector: G Powys Jones
- Authority
- Ealing (London)
- Appeal reference
- 6007305
- Application reference
- 260351FUL
- Procedure
- written representations
- Development
- Additional storey and room in roof above shop to form two 1-person studio flats
- Homes
- 2
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- No Framework version cited
- Determinative policies
- P3(2)(a)
- Development plan policies
- London Plan 2021 D6, London Plan Guidance Housing Design Standards
- Main issues
- future occupiers; refuse storage
Summary
An upward extension above a shop to create two studio flats was dismissed. The loft flat had not been shown to meet London Plan Guidance minimums for living, dining and kitchen space or headroom, and no refuse storage was provided. The external design matched an approved scheme. The Framework is not cited, and L2(1)(d) airspace support was not considered.
What made the difference
The appellant bears the burden of demonstrating compliance with minimum standards, and a condition cannot be used to redesign the layout (DL ¶10). This is a letter where L2(1)(d)'s "substantial weight" for airspace homes could have been argued but was not raised.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| P3(2)(a) | fail | Framework not cited; loft flat below LPG living/dining/kitchen minimum and sloping-ceiling heights not shown acceptable (DL 6-11) | |
| DP3 | fail | no dedicated refuse/food-waste storage; internal storage until collection unacceptable (DL 12-17) |
Key facts
- Near-identical external design already permitted (250347FUL)
- Conditions to amend the layout refused as "lawfully inappropriate" (DL 10)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.