Land to Rear of The Hyde, Glebe Road, Ramsden Bellhouse, Essex, CM11 1RL

Main issues, as the Inspector framed them

• the effect of the proposed development upon biodiversity
• whether or not the proposed development would be inappropriate development in the Green Belt
• the effect of the proposed development upon the openness of the Green Belt
• the effect of the proposed development upon the character and appearance of the area
• whether or not the proposed development would make adequate provision to mitigate flood risk and manage surface water
• if the proposed development is inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, and if so, would this amount to the very special circumstances required to justify the proposal

What decided it

The unmitigated harm to the Blackwater Estuary Special Protection Area, combined with inappropriate Green Belt development causing substantial harm to openness, means the very special circumstances required to justify the proposal do not exist, and section 63(5) of the Habitats Regulations precludes the proposal from proceeding.

The significant weight given to housing supply benefits and potential biodiversity net gain did not clearly outweigh the substantial weight attributed to harm to the Green Belt (inappropriate development and loss of openness), harm to designated habitats sites, harm to character and appearance, and undemonstrated flood risk impacts; the tilted balance did not apply due to clear reasons for refusal relating to protected areas.