Judds Farm Harrow Lane, Bulphan, UPMINSTER, Essex, RM14 3RE

Main issues, as the Inspector framed them

• whether the proposal would be inappropriate development in the Green Belt
• the effect of the proposal on the openness of the Green Belt
• if the development is inappropriate, whether the 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

The disproportionate nature of the first floor extension compared to the original dwelling, combined with the substantial weight required to be given to Green Belt harm, meant that the fallback position and other material considerations did not clearly outweigh the harm and therefore very special circumstances did not exist.

The considerable weight given to the fallback position (prior approval for single storey rear extension) was outweighed by the substantial weight required to be given to the harm to the Green Belt by reason of inappropriateness and limited harm to openness, resulting in the dismissal of the appeal.