40 Russell Street, YORK, YO23 1NW

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

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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