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Planning appeal decision

Allowed3 June 20266006988

45 Burlington Avenue, York, YO10 3TF

Planning appeal 6006988 at 45 Burlington Avenue, York, YO10 3TF (City of York Council) was allowed on 3 June 2026 by Inspector A Caines, by written representations. The main issue, as the Inspector framed it: Whether the development would provide acceptable living conditions for the occupiers, having regard to the size, layout and functionality of the bedrooms and provision of communal space.

change of use from dwellinghouse (Use Class C3) to House in Multiple Occupation (Use Class C4)

Authority
City of York Council
Appeal type
Planning
Procedure
Written
Development
residential
Inspector
A Caines
Postcode
YO10 3TF

Main issues, as the Inspector framed them

  • Whether the development would provide acceptable living conditions for the occupiers, having regard to the size, layout and functionality of the bedrooms and provision of communal space

What decided it

The approval of a subsequent amended scheme at the same site with only marginal bedroom size increases demonstrated that the Council accepted the property could accommodate a four-person HMO, and that the identified harm was confined to bedroom size rather than any wider deficiency in the overall layout or communal provision.

What the Inspector cited

Development plan policies
Policy H8Policy D1

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.