Land to East of M25/south of Clement Street, Swanley, Kent, BR8 7PQ

Main issues, as the Inspector framed them

• The effect of the development on the openness and purposes of the Green Belt
• The effect of the development on the character and appearance of the area
• The effect of the development on the living conditions of local residents
• Whether the proposal constitutes a sustainable form of development in terms of its location and accessibility
• Whether any considerations exist that would clearly outweigh the harm by reason of inappropriateness in the Green Belt, and any other harm, such that very special circumstances would exist to justify the grant of Planning Permission

What decided it

The combined weight of unmet need, absence of alternative sites, Local Plan policy inefficacy, the Appellants' personal circumstances and the best interests of the children clearly and significantly outweighed the identified Green Belt and other harm, establishing very special circumstances.

The substantial weight of harm to the Green Belt (by reason of inappropriateness, loss of openness and encroachment), together with modest harm to character and appearance and limited weight against the intentional unauthorised development, was clearly and significantly outweighed by the combined weight of unmet need, lack of alternative sites, Local Plan policy failure, the Appellants' personal circumstances, the best interests of the children, and limited weight from biodiversity gains.