Land Opposite Heyburns, Southlands Road, Crays Hill, Billericay Essex, CM11 2XB

Main issues, as the Inspector framed them

• the effect of the proposed development upon designated Habitats sites
• whether or not the proposed development would be inappropriate development in the Green Belt
• the effect of the proposed development upon Green Belt openness
• the effect of the proposed development upon the character and appearance of the area
• 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 proposed development

What decided it

The failure to secure adequate mitigation for likely significant effects on designated Habitats sites through a properly executed planning obligation, which precluded the development under section 63(5) of the Conservation of Habitats and Species Regulations 2017.

The benefits of housing delivery, economic benefits, and positive effects on character and appearance would clearly outweigh the harm to Green Belt openness and inappropriateness, constituting very special circumstances; however, this balance was overridden by the unmitigated harm to designated Habitats sites, which is of such a high order as to significantly outweigh all benefits.