Frederick House, Fulford Road, York, YO10 4EG

Planning appeal 3284884 at Frederick House, Fulford Road, York, YO10 4EG (City of York Council) was allowed on 19 May 2022 by Inspector Dean S, by written representations. The main issue, as the Inspector framed it: Whether the condition is reasonable and necessary, having regard to the effect of the proposed increased block heights on the living conditions of occupiers of properties on Kilburn Road with specific regard to overshadowing and loss of outlook.

the “Erection of 6no. purpose-built 4 storey student accommodation buildings (providing 368 bedrooms), associated change of use of and alterations to existing 'Guard House' building to multi-amenity use associated with the accommodation, construction of energy/plant facility, car and cycle parking, refuse/recycling storage and landscaping (re-submission of withdrawn application 18/02797/FULM)” without complying with a condition attached to planning permission Ref 19/00603/FULM, dated 22 May 2020

Authority: City of York Council
Appeal type: major · Planning Appeal
Procedure: Written Representations
Development: residential · Major dwellings
Inspector: Dean S
Postcode: YO10 4EG

Main issues, as the Inspector framed them

Whether the condition is reasonable and necessary, having regard to the effect of the proposed increased block heights on the living conditions of occupiers of properties on Kilburn Road with specific regard to overshadowing and loss of outlook

What decided it

The minor additional height, coupled with substantial separation distances and the absence of any unacceptable harm to amenity, meant the revised condition updating approved drawings was reasonable and necessary.

What the Inspector cited

Development plan policies: Policy ENV2 of the Publication Draft City of York Local Plan 2018
National Planning Policy Framework: Paragraph 11

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.

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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.