®Planning appeal decision
Cefn Coed, Deerbank Road, BILLERICAY, Essex, CM11 1BB
without planning permission engineering operations involving the excavation of earth and the installation of a concrete suspended floor foundation on the land
- Authority
- Basildon District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- residential · Other minor developments
- Inspector
- Shields T
Main issues, as the Inspector framed them
- the effect on openness, and whether inappropriate development in the Green Belt
- the effect on the character and appearance of the area and residential amenity
- the effect on the SSSI/Local Nature Reserve
- if inappropriate, whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations (including a fallback argument), so as to amount to the very special circumstances required to justify the development
What decided it
The realistic and more harmful fallback position (the certificated lawful development, or further permitted development under Class E) was found to outweigh the Green Belt harm, amounting to very special circumstances.
Substantial weight attached to Green Belt harm (inappropriateness and limited loss of openness) was clearly outweighed by substantial weight attached to the realistic fallback position causing equal or greater harm, together with further weight from the scope for permitted development alternatives and limited weight from short-term disruption, amounting to very special circumstances justifying the grant of planning permission.
Framework references: 153, 154, 155
Plan policies cited: Policy BAS BE12, LP Policy BAS C5, LP Policy BAS C1
Judgments cited: Nelsovil v SSE [1962] 13 P&CR 151; Thrasyvoulou v SSE & Hackney LBC (No1) [1984] JPL 732; Gabbitas v SSE & Newham LBC [1985] JPL 630; Ravensdale Ltd v SSCLG & Waltham Forest LBC [2016] EWHC 2374 (Admin); Eatherley v London Borough of Camden v James Ireland [2016] EWHC 1861 Admin; Warwickshire DC v SSLUHC [2022] EWHC 2145 (Admin); Schneck v SSHCLG & West Berkshire DC [2022] EWHC 3335 (Admin)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.