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Planning appeal decision

Dismissed11 January 20233289470

Land off (Car Park Site), Bishopthorpe Road, York, YO23 1LG

Planning appeal 3289470 at Land off (Car Park Site), Bishopthorpe Road, York, YO23 1LG (City of York Council) was dismissed on 11 January 2023 by Inspector Taylor K, following an inquiry. The main issue, as the Inspector framed it: whether the site should be considered to be within the Green Belt and, if so, the effect of the development on the openness of the Green Belt.

for the erection of extra care accommodation with associated private amenity space, landscaping, substation, vehicular access alterations, car parking and erection of decked car park for third party

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Other Major Developments
Inspector
Taylor K
Postcode
YO23 1LG

Main issues, as the Inspector framed them

  • whether the site should be considered to be within the Green Belt and, if so, the effect of the development on the openness of the Green Belt
  • the effect of the development on the character and appearance of the area
  • the effect of the development on health care infrastructure with particular regard to GP surgery capacity
  • in the alternative, having regard to the conclusion on the first main issue: if the site is within the Green Belt, would the harm, by reason of inappropriateness, and any other harm, be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal; or if the site is not within the Green Belt, consideration of any merits of the development against any harm identified in an overall planning balance

What decided it

The very significant harm to the character and appearance of the area from the proposed building's poor relationship with the street significantly and demonstrably outweighed the benefits of the scheme.

The significant benefits of specialist elderly housing provision and re-use of previously developed land, together with modest economic benefits, were significantly and demonstrably outweighed by the very significant harm to the character and appearance of the area.

What the Inspector cited

Development plan policies
YH9CY1CDP3SS1H2D1D2D4D5G1G3G4HW5
National Planning Policy Framework
Paragraph 11
Judgments
Christopher Wedgewood v City of York Council [2020] EWHC 780 (Admin)

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.