Land at Field Near Lime Kiln Court, Tytherington, South Gloucestershire, BS35 3AB

Main issues, as the Inspector framed them

• Whether the development would be inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework (the Framework) and development plan policy
• The effect of the development on the openness of the Green Belt
• The effect of the development on the character and appearance of the area
• The effect of the development on highway and pedestrian safety
• Whether the site can be regarded as being in a sustainable location
• The storage and accessibility of household waste
• Whether intentional unauthorised development has occurred
• If the development is inappropriate, whether the harm to the Green Belt by way of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The appellant's personal circumstances, particularly the best interests of his grandson, combined with the lack of a 5-year supply of deliverable Traveller sites, clearly outweighed the Green Belt harm and amounted to very special circumstances justifying a personal permanent permission for the residential use.

The limited Green Belt harm from inappropriateness and loss of openness, together with very limited weight against intentional unauthorised development, was clearly outweighed by moderate weight afforded to the lack of alternative/deliverable sites and significant weight given to the appellant's personal circumstances and the best interests of the child, tipping the balance in favour of a personal permanent permission for the residential use; no such balancing exercise applied to the stable building, which was refused.