Land at Former Butterfly World, Miriam Lane, St. Albans, Hertfordshire, AL2 3NY

Main issues, as the Inspector framed them

• Whether the development is inappropriate development in the Green Belt having regard to the Framework and relevant local plan policies
• The effect of the development on the openness and purposes of the Green Belt
• The effect of the development on the character and appearance of the area
• Whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the development
• whether the development the subject of condition 1 remains inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies
• whether any harm caused by the retention of the toilet block by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the development and the variation or removal of condition 1

What decided it

The development the subject of Appeal A fell within the GB7(e) previously-developed-land exception causing no more than significant (not substantial) harm to openness, whereas the toilet block in Appeal B had lost the very special circumstances that had justified its temporary retention.

For Appeal A, applying paragraph 5 of policy S5, there were no adverse effects that would substantially outweigh the benefits, so the development was approved; for Appeal B, the harm resulting from the toilet block would not be clearly outweighed by other considerations so as to amount to the very special circumstances required, so permission was refused.