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Planning appeal decision

Dismissed1 November 20223300013

5 , Whip Ma Whop Ma Gate, York, YO1 8BL

Planning appeal 3300013 at 5 , Whip Ma Whop Ma Gate, York, YO1 8BL (City of York Council) was dismissed on 1 November 2022 by Inspector Wilkinson F, by written representations. The main issue, as the Inspector framed it: The effect that varying the condition would have on the character and appearance of the area, including the Central Historic Core Conservation Area.

change of use of barbers (use class A1) to restaurant/bar (use class A3 and A4) and formation of roof top terrace, to include increased height of enclosing wall, without complying with a condition attached to planning permission Ref 21/01832/FUL, dated 8 September 2021

Authority
City of York Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Minor retail and services
Inspector
Wilkinson F
Postcode
YO1 8BL

Main issues, as the Inspector framed them

  • The effect that varying the condition would have on the character and appearance of the area, including the Central Historic Core Conservation Area

What decided it

The proposed canopy structure would cause less than substantial harm to the significance of the designated Conservation Area without clear and convincing justification or sufficient public benefits to outweigh that harm as required by NPPF paragraphs 200 and 202.

What the Inspector cited

Development plan policies
Policy D4Policy D1
National Planning Policy Framework
Paragraph 199Paragraph 200Paragraph 202Paragraph 130Paragraph 134

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.