Land Opposite Leedanton Farm, Cumming Road, Downham, Billericay, CM11 1LW

Main issues, as the Inspector framed them

• Whether the proposal would be inappropriate development for the purposes of the Framework and development plan policy (A & B)
• the effect of the proposal on the openness of the Green Belt (A & B)
• whether the site would be an appropriate location for residential development (A & B)
• the effect of the scheme on designated European conservation sites (A)
• 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 within the Green Belt (A & B)

What decided it

For Appeal A, the finding that the proposal was limited infill causing no Green Belt harm was decisive; for Appeal B, the personal circumstances of the family, the best interests of the children, and the absence of alternative sites were found to clearly outweigh the Green Belt harm, establishing very special circumstances.

For Appeal B, the substantial weight attributed to the Green Belt harm from inappropriate development was clearly outweighed by the personal need, the best interests of the children, the absence of alternative sites, and equality considerations, establishing very special circumstances; Appeal A required no such balance as it was found not to be inappropriate development.