Land at the Eastern End of Cornwall Road, (Opposite Property Known As Fairview and Known As Ivy Cottage), Cornwall Rd, North Benfleet, Essex, SS13 2LA

Main issues, as the Inspector framed them

• Whether Hive Cottage was substantially complete more than four years before the enforcement notice was issued (Notice A, ground (d))
• Whether the alleged storage use had continued, without material interruption, for a continuous period of at least 10 years (Notice B, ground (d))
• Whether the land the subject of Notice C fell within the curtilage of Fairview or Farmview and whether the change to residential garden use had occurred more than 10 years before the notice was issued (Notice C, grounds (b), (c), (d))
• Whether the developments/uses were inappropriate development in the Green Belt and, if so, whether very special circumstances existed to justify them (grounds (a))

What decided it

The appellant failed to establish immunity from enforcement action under the four-year and ten-year rules and failed to demonstrate very special circumstances outweighing the identified harm to the openness of the Green Belt.

The limited factors advanced by the appellant (no visual harm, surrounding development, retention of some trees, and an unevidenced need for affordable housing) did not amount to very special circumstances capable of outweighing the harm to the openness of the Green Belt, so the balance tipped against the appellant on each ground (a) appeal.