Land West of Rock Lane, Melling, Bootle, Merseyside, L31 1EW

Main issues, as the Inspector framed them

• The effect of the development on the openness and the purposes of the Green Belt ('definitional harm' by reason of inappropriateness being agreed)
• Any other harm and/or policy conflicts arising, particularly the effects of the development on highway safety, on the character and appearance of the site and the area, and in relation to contamination, flooding and drainage
• Whether any harm to the Green Belt and any other harm is clearly outweighed by other considerations so as to amount to very special circumstances justifying the development, including the need for and supply of traveller sites, the availability of alternative sites, and the personal circumstances of the appellant and her family, including the best interests of the children and any human rights arising
• The reasonableness of the requirements to remove all the imported hardcore and the time given for compliance with the notices, should the appeals on grounds (f) and (g) fall to be considered

What decided it

The cumulative weight of the family's lack of alternative site availability together with the health, welfare and educational needs of the children was found clearly to outweigh the substantial Green Belt harm, amounting to very special circumstances.

The substantial Green Belt harm (and limited weight attributed to the intentional unauthorised development) was clearly outweighed by the cumulative weight of other considerations - the lack of alternative sites, the likelihood that need would otherwise have to be met elsewhere in the Green Belt, and the personal, health and educational circumstances of the family and children - such that very special circumstances existed and the balance tipped in favour of granting permission.