Land Rear of 128 Rawreth Lane, Rayleigh, Essex, SS6 9RR

Main issues, as the Inspector framed them

• Whether the alleged material change of use amounted to development for the purposes of the Act (Appeal A, ground (c))
• Whether the proposed development is inappropriate development in the Green Belt and, if so, whether the harm to the Green Belt and any other harm is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify it, including the effect on the openness of the Green Belt and the integrity of the Crouch and Roach Estuaries European sites (Appeal B)

What decided it

The genuine fallback position of an unrestricted Class B8 storage use, which the Inspector found would cause greater Green Belt and residential amenity harm than the proposed dwellings, combined with a planning obligation securing cessation of that use, was found to amount to very special circumstances outweighing the Green Belt harm.

the harm from inappropriate development and moderate harm to Green Belt openness was clearly outweighed by other considerations — principally the fallback Class B8 storage use (afforded very substantial weight) and its secured cessation by planning obligation — amounting to very special circumstances justifying the development.