The Firs Care Home, Wodehouse Lane, DUDLEY, DY3 4AE

Main issues, as the Inspector framed them

• whether the proposal is inappropriate development in the Green Belt, having regard to national and local planning policies, including the effect upon openness
• the effect of the proposal upon the character and appearance of the area with particular regard to boundary treatments and trees
• the effect of the proposal upon the living conditions of neighbouring occupiers, with particular regard to light pollution
• the effect of the proposal upon biodiversity, with particular regard to light spill
• whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal

What decided it

The benefits of the scheme did not clearly outweigh the substantial harm to the Green Belt by reason of inappropriateness, together with the harm to character and appearance and to protected trees, so very special circumstances were not established.

the benefits of a more accessible car park and improved highway operation, each attracting moderate weight, did not individually or cumulatively clearly outweigh the substantial harm to the Green Belt and the moderate and significant harm respectively found to the character and appearance of the area and to protected trees