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Planning appeal decision

Dismissed1 November 20223300013

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

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

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.

Framework references: 199, 200, 202, 130, 134

Plan policies cited: Policy D4, Policy D1

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.