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Dismissed29 January 20253351531

Walmgate, York, YO1 9TL

Planning appeal 3351531 at Walmgate, York, YO1 9TL (City of York Council) was dismissed on 29 January 2025 by Inspector Crosby L, by written representations. The main issue, as the Inspector framed it: Whether the planning condition in question meets the tests set out in paragraph 57 of the Framework.

change of use from shop to residential dwelling including demolition of rear outshot and external staircase, construction of single storey rear extension, removal of shopfront and construction of single storey rear extension, removal of shopfront and construction of new brick frontage with door and windows and new rooflights to rear without complying with a condition attached to planning permission Ref: 21/00908/FUL, dated 29 October 2021

Authority
City of York Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Crosby L
Postcode
YO1 9TL

Main issues, as the Inspector framed them

  • Whether the planning condition in question meets the tests set out in paragraph 57 of the Framework

What decided it

The condition failed the enforceability and reasonableness tests in NPPF paragraph 57 because monitoring would be impractical and remedial measures (secondary glazing with mechanical ventilation) would harm the listed building fabric and conflict with previously approved window details.

What the Inspector cited

National Planning Policy Framework
Paragraph 57

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.