PLANNERS have lost their battle over York student accommodation blocks which were built higher than permitted.

City of York Council refused retrospective planning permission last year for the increase in the height of the student flats on the site of Shepherd Construction’s former HQ, Frederick House, off Fulford Road, which are due to be occupied this September.

Developers had made three of the blocks taller than was allowed under the original planning permission because they discovered there was not enough height to insulate and waterproof them to meet regulation standards, but sixteen neighbours objected, worried about loss of light and the buildings overshadowing people’s homes.

Councillors refused restrospective consent despite officers recommending approval, but the developer then appealed against their decision.

Now their appeal has been granted by a planning inspector, who said the council had acknowledged that the proposed increase in height was 'relatively modest' when compared to the scale of the development which already had planning permission.

"In addition, the blocks are a substantial distance from the rear of the properties on Kilburn Road, further limiting the effect of any additional height on the outlook from those properties,"they said.

"I find that the proposed increased block heights would not have an unacceptable effect on the living conditions of occupiers of properties on Kilburn Road with specific regard to overshadowing and loss of outlook."

Planning committee chair Tony Fisher said that he and several other members of the Planning Committee had said the appeal would be granted. "Many on the Planning Committee (myself included) knew that there was absolutely no valid reason in planning terms for refusal (as our professional planning officers said," he said.

He added that the development of the site meant that 300+ students wouldn't be looking to rent houses in Hull Road, Osbaldwick and other parts of the city, so it might free up some houses for rent for locals.

Fishergate councillor Andy D'Agorne said: "Obviously it's disappointing for residents that despite support from ward councillors and the planning committee, it appears that construction companies can and do adjust designs and ignore restrictions on working hours at will once they have planning permission.

"I don't expect it will get any better with a government intent on liberalising planning rules, giving local councils even less control over development."