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Dismissed7 July 20223291862

1, Cherry Lane, York, YO24 1QH

Planning appeal 3291862 at 1, Cherry Lane, York, YO24 1QH (City of York Council) was dismissed on 7 July 2022 by Inspector Milliken M, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the special historic interest of heritage assets, including nearby listed buildings, with particular regard to their setting and whether or not the proposed development would preserve or enhance the character or appearance of the Tadcaster Road Conservation Area.

the erection of 60no. retirement apartments with care, communal facilities, parking, landscaping and associated amenity space following demolition of existing 3no. bungalows

Authority
City of York Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Milliken M
Postcode
YO24 1QH

Main issues, as the Inspector framed them

  • The effect of the proposed development on the special historic interest of heritage assets, including nearby listed buildings, with particular regard to their setting and whether or not the proposed development would preserve or enhance the character or appearance of the Tadcaster Road Conservation Area
  • The effect of the proposed development on the character and appearance of the surrounding area, with particular regard to the streetscene
  • The possible operational implications for York Racecourse, with particular regard to the working environment of the adjacent stables in relation to any noise and lighting

What decided it

The less than substantial harm to the significance of the listed building and conservation area was not outweighed by the public benefits of the proposal, and the statutory duty to preserve heritage assets could not be satisfied.

The public benefits of specialist housing delivery and financial contributions were outweighed by the less than substantial harm to the listed building's setting and the conservation area's character and appearance, with the statutory heritage duty given considerable weight.

What the Inspector cited

Development plan policies
Policy D1Policy D4Policy D5
National Planning Policy Framework
Paragraph 11Paragraph 130Paragraph 187Paragraph 199Paragraph 202
Judgments
Rectory Homes Ltd v SSHCLG and South Oxfordshire DC [2020] EWHC 2098 (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.