Aver House, Nursery Road, Nazeing, Essex, EN9 2JE

Main issues, as the Inspector framed them

• Appeal A: whether the proposal satisfies the requirements of the GPDO in being permitted development under the provisions of Schedule 2, Part 20, Class ZA, with particular regard to the use of the existing building
• Appeal B: whether the proposed development would represent inappropriate development in the Green Belt
• Appeal B: the effect of the proposed development on the openness of the Green Belt
• Appeal B: whether any harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development

What decided it

For Appeal A, the lawful use of the building was B8 storage and not B1 office use as required by Class ZA, so the development was not permitted development. For Appeal B, the substantial weight given to harm from inappropriateness and moderate weight to harm to openness of the Green Belt was not outweighed by the other considerations advanced.

The substantial harm from inappropriateness and moderate harm to openness of the Green Belt were not outweighed by the moderate weight given to housing land supply contribution, the limited weight given to design acceptability and site tidiness, and the little weight given to removal of commercial use; the fallback position was given limited weight.