Land Nw of Mays Lane, Arkley, Barnet, EN5 2QQ

Main issues, as the Inspector framed them

• Whether the appeal site is a suitable location for the proposed development, when considering policies concerned with development in areas at risk of flooding
• Whether the proposal would be inappropriate development in the Green Belt and its effect on the openness and purposes of the Green Belt
• The effect of the proposal on the character and appearance of the area
• The effect of the proposal on biodiversity, with reference to Great Crested Newts and bats
• If the proposal would be inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations to establish the very special circumstances necessary to justify the proposal

What decided it

The personal circumstances of the appellant's family, particularly the lack of alternative accommodation and the best interests of the seven children, tipped the balance to establish very special circumstances clearly outweighing the identified Green Belt and other harm.

The harm from inappropriateness, limited loss of openness, undermining of two Green Belt purposes, modest harm to character and appearance, and flood risk at the access, was clearly outweighed by other considerations—chiefly the lack of alternative accommodation and the best interests of the children—establishing very special circumstances in favour of the proposal