Land off Redhill Field Lane, Bilbrough Top, York, YO23 3PP

Main issues, as the Inspector framed them

• whether the development would be inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework (the Framework) and development plan policy
• the effect of the development on the openness of the Green Belt
• the effect of the development on the character and appearance of the area
• whether the appeal site is in a sustainable location
• the effect of the development on the living conditions of site occupiers in terms of exposure to pollution
• the effect of the development on the supply of agricultural land
• the effect of the development on biodiversity
• the question of the need for gypsy / traveller sites
• the personal circumstances of the site occupiers
• If the development is inappropriate, whether the harm to the Green Belt by way of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The combination of the unmet and unquantified need for gypsy/traveller pitches, the lack of any available alternative site, and the appellant family's personal circumstances (particularly the best interests of a child with additional educational needs) was found clearly to outweigh the Green Belt and other harm, establishing very special circumstances.

The harm from inappropriateness in the Green Belt and limited harm to openness was clearly outweighed by the significant weight given to unmet gypsy/traveller need, absence of an alternative site, the Council's policy failure and the appellant's personal circumstances, so that very special circumstances were established and permission granted.