Hollinholme, Swillington Lane, Swillington, Leeds, LS26 8BZ

Main issues, as the Inspector framed them

• Whether the development constitutes inappropriate development in the Green Belt having regard to the Revised Framework and any relevant development plan policies.
• The effect on the openness of the Green Belt.
• The effect of the development on the character and appearance of the area.
• If the development is inappropriate development inside the Green Belt, whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the development.

What decided it

The combination of the site's long-established residential use, the close similarity of the new dwelling to what would have lawfully resulted from the 2017 permissions, the planning obligation and condition removing permitted development rights, and the appellants' personal circumstances clearly outweighed the Green Belt harm for the dwelling, but these considerations did not extend sufficiently to the later, separately-built garage.

The substantial harm by reason of inappropriateness and loss of openness was clearly outweighed by other considerations (established residential use, similarity to the lawful fallback scheme, the planning obligation and PD-rights condition, and personal circumstances) amounting to very special circumstances justifying the new detached dwelling, but these considerations did not clearly outweigh the harm in respect of the partially built garage, which was refused.