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Planning appeal decision

Planning permission granted10 June 20213268139

47 Thirkleby Way, Osbaldwick, York, YO10 3QA

Planning appeal 3268139 at 47 Thirkleby Way, Osbaldwick, York, YO10 3QA (City of York Council) was allowed on 10 June 2021 by Inspector Pleasant L, by written representations. The main issue, as the Inspector framed it: The effect on the character of the area.

Without planning permission, the unauthorised change of use from a single dwelling house (use class C3) to a House in Multiple Occupation (HMO) (use class C4)

Authority
City of York Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Pleasant L
Postcode
YO10 3QA

Main issues, as the Inspector framed them

  • The effect on the character of the area
  • The living conditions of neighbouring residents

What decided it

The absence of evidence of actual harm to neighbouring residents' living conditions or the character of the area, combined with the property's adequate facilities and two years of operation without documented anti-social behaviour, outweighed the Council's concerns about a potential cluster of HMOs.

What the Inspector cited

Development plan policies
Policy H8 of the City of York Draft Local Plan, 2005

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.