Land at Haresfoot Farm, Chesham Road, Berkhamsted, Hertfordshire, HP4 2SU

Main issues, as the Inspector framed them

• whether the development represents inappropriate development within the Green Belt and, if so, whether there are any material considerations that outweigh the harm caused by such development, and any other harm, and are sufficient to justify it on the grounds of very special circumstances
• the effect of the development on the character and appearance of the area
• on ground (c): whether planning permission is required to authorise the works
• on ground (d): whether the structures are immune from enforcement action through the passage of time
• on ground (f): whether the requirements of the notice exceed what is necessary to remedy the breach of planning control or any injury to immunity
• on ground (g): whether the times for compliance are reasonable

What decided it

Whether the very special circumstances relied upon (rural economic diversification, ecological enhancements, re-use of previously developed land) were sufficient to outweigh the harm caused by each element of inappropriate development in the Green Belt, assessed separately for each building/area.

for buildings 3, 4 and 6 no Green Belt harm arose so no balance was needed; for building 5 the substantial harm to openness was outweighed by rural economic benefits, ecological enhancements and re-use of previously developed land amounting to very special circumstances; for the external storage areas, containers, storage racks, hardstanding and building 7 the harm to openness and countryside character was not outweighed by the very special circumstances claimed