Land at Fieldview, Trenders Avenue, Rayleigh, Essex, SS6 9RG

Main issues, as the Inspector framed them

• whether the breach of planning control is inappropriate development in the Green Belt and its effect on openness and the purposes of Green Belt
• the effect of the development on the character and appearance of the area
• whether there is sufficient outside space for the welfare of horses associated with full use of the stables having regard to policy DM15 of the adopted Rochford District Council Local Development Framework Development Management Plan 2014 which stipulates no more than one stable for each 0.4 hectares of site area
• the provision and need for Gypsy and Traveller pitches
• the personal circumstances of the family including the best interests of the children
• 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

The combined weight of the unmet need for Traveller pitches, the absence of alternative sites, and above all the best interests of the appellant's children amounted to the very special circumstances that clearly outweighed the Green Belt harm.

The harm caused to the Green Belt by reason of inappropriateness, and any other harm, was clearly outweighed by the other considerations (personal circumstances of the children, unmet Traveller pitch need, lack of five-year supply, absence of alternative sites and policy failure), so as to amount to very special circumstances justifying the development