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Planning appeal decision

Quashed On Legal Grounds1 November 20243334349

40 Russell Street, York, YO23 1NW

Planning appeal 3334349 at 40 Russell Street, York, YO23 1NW (City of York Council) was decided (quashed on legal grounds) on 1 November 2024 by Inspector Madge M, by written representations. The main issue, as the Inspector framed it: Whether a material change of use to use as four flats has occurred.

Without planning permission, a material change of use of the Property from a single dwelling house (use class C3) to use as four separate flats

Authority
City of York Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Madge M
Postcode
YO23 1NW

Main issues, as the Inspector framed them

  • Whether a material change of use to use as four flats has occurred

What decided it

The appellant demonstrated on the balance of probability that a material change of use to use as four flats had not occurred, as Rooms 3 and 4 lack the facilities for day-to-day private domestic existence and do not constitute single dwellinghouses.

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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.

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