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Dismissed5 February 20253347910

71 Osbaldwick Village, Osbaldwick, York, YO10 3NP

Planning appeal 3347910 at 71 Osbaldwick Village, Osbaldwick, York, YO10 3NP (City of York Council) was dismissed on 5 February 2025 by Inspector Bartlett R, by written representations. The main issue, as the Inspector framed it: The effect of the increased size of the nursery business on highway safety.

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
Postcode
YO10 3NP

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.

What the Inspector cited

Development plan policies
Policy T1Policy T7Policy EC3Policy ED6Policy D11
National Planning Policy Framework
Paragraph 116Paragraph 198Paragraph 135

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.