®Planning appeal decision
1, Cherry Lane, York, YO24 1QH
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
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.
Framework references: 11, 130, 187, 199, 202
Plan policies cited: Policy D1, Policy D4, Policy D5
Judgments cited: Rectory Homes Ltd v SSHCLG and South Oxfordshire DC [2020] EWHC 2098 (Admin)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.