Messengers Nursery , Nursery Road , WALTHAM ABBEY, EN9 2JF

Main issues, as the Inspector framed them

• whether it was too late for the Council to take enforcement action due to the time limits set out in section 171B of the 1990 Act, ie the ground (d) appeal
• if the above ground of appeal is not successful, whether planning permission ought to be granted for the breach of planning control alleged, ie the ground (a) appeal
• whether the period for compliance with the notice falls short of what should reasonably be allowed, ie the ground (g) appeal
• whether the appeal development is inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies
• the effect of the appeal development on the living conditions of neighbouring occupiers, with particular regard to noise
• if the development is inappropriate development in the Green Belt, whether any harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the appeal development

What decided it

The Green Belt harm from inappropriate development and loss of openness, combined with harm to neighbours' living conditions from noise, was not clearly outweighed by the other considerations, so very special circumstances did not exist to justify the development.

the harm from inappropriateness, loss of openness and harm to living conditions from noise was not clearly outweighed by the other considerations (economic benefits, fallback positions, comparator permissions), so very special circumstances did not exist and the balance tipped against the development