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Planning appeal decision

Dismissed5 February 20253347910

71 Osbaldwick Village, Osbaldwick, York, YO10 3NP

change of use from dwellinghouse (C3 use) to children’s day nursery (E Use) and associated minor external alterations

Authority
City of York Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Bartlett R

Main issues, as the Inspector framed them

  • The effect of the increased size of the nursery business on highway safety
  • The effect of the increased size of the nursery business on the living conditions of occupiers of adjacent residential premises with regard to noise and disturbance

What decided it

The cumulative effect of the existing nursery and the proposed expansion would result in unacceptable harm to the living conditions of neighbouring occupiers at 3 Murton Way with regard to noise and disturbance, contrary to paragraph 198 of the Framework.

Framework references: 116, 198, 135

Plan policies cited: Policy T1, Policy T7, Policy EC3, Policy ED6, Policy D11

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.