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Planning appeal decision

Notice varied and upheld17 March 20253322133

70 Huntington Road, York, YO31 8RN

Planning appeal 3322133 at 70 Huntington Road, York, YO31 8RN (City of York Council) was allowed in part (a split decision) on 17 March 2025 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether there has been a breach of planning control (ground c).

Material change of use from dwellinghouse (Use Class C3) to short-term visitor accommodation for paying guests (sui generis use)

Authority
City of York Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
change of use · Change of use
Inspector
Merrett R
Postcode
YO31 8RN

Main issues, as the Inspector framed them

  • Whether there has been a breach of planning control (ground c)
  • Whether planning permission ought to be granted for the visitor accommodation use (ground a)
  • Whether the steps required by the enforcement notice exceed what is necessary to achieve its purpose (ground f)

What decided it

The significant harm to the living conditions of neighbouring residents from noise and disturbance arising from the inherent characteristics of short-term visitor accommodation use, which could not be adequately controlled by management measures and would conflict with development plan policy.

The benefits to the local economy from visitor spend and addressing a shortfall in self-catering accommodation for larger groups, together with limited weight given to flood risk considerations, were insufficient to outweigh the significant harm to living conditions from noise and disturbance caused by the proposed use.

What the Inspector cited

Development plan policies
Policy DP3 of the City of York Local Plan 2025Policy EC4 of the City of York Local Plan 2025
Judgments
Moore v SSCLG [2012] EWCA Civ 1202

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.