40 Milton Street York YO10 3EP Data via plota.co.uk

26/01420/CLU - Certificate of Lawful Existing Use Refused
Change of useCommercial premises

Proposal

Certificate of lawfulness for use as short term holiday let (sui generis) Data via plota.co.uk

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View original council record ↗Last checked

Application progress

✓
Received
3 Aug 2026
✓
Validated
4 Aug 2026
✗
Refused
25 Sept 2026
Appeal
Not lodged

Refused on 25 Sept 2026 · Delegated Decision · Last checked 26 Sept 2026

Documents 9

Decision & officer reports 2

PDF REFUSED Decision · 25 Sept 2026 View ↗ PDF DEVELOPMENT MANAGEMENT OFFICER REPORT Report · 25 Sept 2026 View ↗

Statements & assessments 1

PDF MANAGEMENT STATEMENT Report · 3 Aug 2026 View ↗

Plans & drawings 3

PDF LOCATIONPLAN Location Plan · 3 Aug 2026 View ↗ PDF PREVIOUS PROPERTY IMAGES & PLANS Drawing · 3 Aug 2026 View ↗ PDF CURRENT PROPERTY IMAGES & PLANS Drawing · 3 Aug 2026 View ↗

Application forms 1

PDF Application Form Application Form · 3 Aug 2026 View ↗

Other documents 2

PDF WASTE TRANSFER NOTE Report · 3 Aug 2026 View ↗ PDF COVERING LETTER Covering Letter · 3 Aug 2026 View ↗

All documents on the council site ↗

Site constraints 6

Article 4 direction
HMO. Named permitted development rights are withdrawn here.
An Article 4 direction withdraws particular permitted development rights, so work that would normally need no application needs one here. Not every council has published its directions.
Local nature reserve 162 m away: St Nicholas Fields
Work nearby can need a habitats assessment.
Harm to a protected site is only accepted where there is no alternative and an overriding public interest.
Habitat network: Network Enhancement Zone 2
Where habitat is joined up enough to work as a network. Context, not a constraint on its own.
Also on the record
2 listed buildings within 150 m; Inside the York built-up area; Air quality management area 26 m away: AQMA No.5.
Not affected
Outside flood zones 2 and 3 · Not green belt · No scheduled monument at the site

Checked on 6 October 2026. Historic England, the Environment Agency, Natural England and council datasets, Open Government Licence. A boundary can run through a site and the council holds the definitive record: confirm with the council before relying on this.

Sales history 1

Last sold for £233,000 in February 2021. Other property, freehold.

1 February 2021£233,000Recorded as a transfer outside a standard sale

Sale prices from HM Land Registry's price paid record, matched to this application by its address.

Building

Floor area106 m² (1,141 sq ft)
Energy ratingD (59 out of 100), could reach B
PropertyMid-terrace house, 7 habitable rooms
BuiltBefore 1900
HeatingBoiler and radiators, mains gas
WallsSolid brick, as built, no insulation (assumed)

From the energy performance certificate lodged in August 2020, the latest held for this property. The building may have changed since. View the certificate

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Important details

Council
York
Application type
Certificate of Lawful Existing Use
Postcode
YO10 3EP
Received
3 Aug 2026
Validated
4 Aug 2026
Ward
Guildhall
Parish
Guildhall Planning Panel
Case officer
Show
Target decision
29 Sept 2026
Decision
Refuse
Decision date
25 Sept 2026
Decision level
Delegated Decision
Applicant
Show
Agent
nineteen47

How this decision compares

Decided in 52 days from validation, 4 days faster than York's median of 56 for changes of use. Refused, as 29% of changes of use here are.

64%decided within 8 weeks
71%approved
105decided in the last year

Plota live figures for changes of use decided by York in the last twelve months, from validation. York decision record →

Public comments

1comment received
1 objecting

6 neighbours consulted · Last counted 26 Sept 2026

Read the comments on the council site ↗

Consultation & key dates

Alt. reference
PP-15093142
Planning Portal ref
PP-15093142
Comments by
26 Aug 2026
Statutory expiry
29 Sept 2026
Env. assessment
No

Historical activity at this location

22 previous applications on record - archival context, not part of the live application.

This property

Previous applications at this address

2024 Refused
Certificate of lawfulness for use as short term holiday let
24/01079/CPU
Within ~100m

Nearby activity

2025 Refused
7 Nicholas Street York YO10 3EQ
Change of use from dwelling house (use Class C3) to House in Multiple Occupation (use Cla…
25/02174/FUL
2025 Approved
23 Nicholas Street York YO10 3EQ
Certificate of lawfulness for use as a 4.no occupant Small House in Multiple Occupation (…
25/00015/CLU
2024 Approved
31 Nicholas Street York YO10 3EQ
Certificate of lawfulness for proposed development of a dormer to rear and single storey…
24/01972/CPD
2024 Approved
6 Nicholas Street York YO10 3EQ
Proposed development of single storey rear extension
24/01599/CPD
2024 Approved
31 Nicholas Street York YO10 3EQ
Certificate of lawfulness for use as House in Multiple Occupation (use class C4) with 4 o…
24/01451/CLU
2022 Approved
41 Milton Street York YO10 3EP
Partial conversion of outbuilding to habitable space and reopening of existing bricked up…
22/01892/FUL
2023 Approved
1 Milton Street York
Certificate of lawfulness for use as House in Multiple Occupation (use class C4)
23/00178/CLU
2021 Approved
3 Milton Street York YO10 3EP
Erection of single storey extension extending 4.3 metres beyond the rear wall of the orig…
21/02308/LHE
2021
2 Bull Lane York YO10 3EN
Conditions 2 & 3 of 19/02362/FUL
AOD/21/00138
2019 Approved
2 Bull Lane York YO10 3EN
Change of use from dwelling (use class C3) to house in multiple occupation (use class C4)
19/02362/FUL
2021 Approved
3 Milton Street York YO10 3EP
Certificate of lawfulness for the use as a House in Multiple Occupation for up to 4no. oc…
21/00347/CLU
2020 Approved
38 Milton Street York YO10 3EP
Two storey rear extension, dormer to rear and cycle/bin store
20/02464/FUL
2020 Approved
35 Milton Street York YO10 3EP
Certificate of Lawfulness for use as House in Multiple Occupation.
20/02164/CLU
2020 Approved
10 Nicholas Street York YO10 3EQ
Certificate of lawfulness for use as a House in Multiple Occupation for up to 4no. occupa…
20/00688/CLU
2019 Approved
38 Nicholas Street York YO10 3EQ
Certificate of lawful development for use as a 5 bedroom House in Multiple Occupation (us…
19/02647/CLU
2018 Refused
2 Bull Lane York YO10 3EN
Certificate of lawfulness for use as a House in Multiple Occupation within Use Class C4.
18/00470/CLU
2018 Approved
39 Bull Lane York YO10 3EN
Single storey rear extension.
18/01746/FUL
2017 Approved
29 Milton Street York YO10 3EP
Dormer window to rear as detailed on drawing no's EL1 and SD1.
17/00759/CPD
2016 Approved
29 Milton Street York YO10 3EP
Certificate of lawfulness for use of the property as a House in Multiple Occupation for u…
16/02058/CLU
2016 Approved
York Mosque And Islamic Centre Bull Lane York YO10 3EN
Conditions 5, 9, 10, 11 and 15 - 12/02273/FUL
AOD/16/00097
2016 Approved
York Mosque And Islamic Centre Bull Lane York YO10 3EN
Conditions 3, 4, 6, 9, 13, 14 and 15 - 12/02273/FUL
AOD/16/00015
York
Planning Authority Score
3.7/10
Below average
#213 of 296 councils
Relevant to this application:
Householder decisions

York ranks #156 out of 296 councils for householder decision speed. Householder applications are slightly less likely to be approved here (87%) than the national average (90%).

These figures are council-wide context, not a prediction for this application. View full council performance
York decision statistics
Based on MHCLG data, the year to March 2026
82%
Overall approval rate
Below avg (87%) #255 of 296
87%
Householder approved
Below avg (90%) #237 of 296
64%
Decided in 8 weeks
Above avg (63%) #156 of 296
42%
Extended time limit
Above avg (41%) #168 of 296
69%
Minor dwellings approved
104 decided (1-9 homes)
71%
Major dwellings approved
17 decided (10+ homes)
63%
Change of use approved
68 decided
1,278
Total decisions
224 refused in the year to March 2026
Source: MHCLG planning statistics · See full council rankings

Sale prices: Contains HM Land Registry data © Crown copyright and database right 2026. This data is licensed under the Open Government Licence v3.0.

Freehold boundary: © Crown copyright and database rights 2026, HM Land Registry. Polygons © Crown copyright and database rights 2026 Ordnance Survey 100026316. Conditions of use

Energy performance: Energy performance certificates from the Energy Performance of Buildings Register, Ministry of Housing, Communities and Local Government. Contains public sector information licensed under the Open Government Licence v3.0. © Crown copyright 2026.