The Beeches, Swan Road, IVER, SL0 9LA

Main issues, as the Inspector framed them

• Ground (b): whether the description of the use as alleged in the notice is correct
• Ground (c): whether the use (as found) requires planning permission
• Ground (d): whether the use has subsisted for a sufficient period of time as to be immune from enforcement action
• Ground (a)(i): whether the development is inappropriate in the Green Belt, and the effect of the development on the openness and the purposes of the Green Belt
• Ground (a)(ii): any other harm and/or policy conflicts arising, particularly the effects of the development on the character and appearance of the site and the area, and in relation to biodiversity
• Ground (a)(iii): whether any harm to the Green Belt and any other harm is clearly outweighed by other considerations so as to amount to very special circumstances justifying the development
• Grounds (f) and (g): the reasonableness of the requirements of the notice and the period specified for compliance, to include consideration of a temporary permission (not needed to be determined given the outcome on ground (a))

What decided it

The combination of the unmet need for Traveller pitches, the unlikelihood of suitable alternative sites, and the significant weight attached to the occupants' health/personal circumstances was found clearly to outweigh the substantial Green Belt harm and other harm, amounting to very special circumstances.

Substantial harm from Green Belt inappropriateness and limited additional loss of openness, together with moderate harm to character/appearance and biodiversity, was clearly outweighed by the effective use of previously developed land, compliance with most CP4 criteria, unmet Traveller pitch need/lack of alternatives, and significant weight given to occupants' health needs, amounting to very special circumstances justifying permission.