Land at Fern Field, Oxford Road, Ryton on Dunsmore, CV8 3EP

Main issues, as the Inspector framed them

• Whether the development would be inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework
• the effect of the development on the character and appearance of the landscape
• the question of the need for gypsy and traveller sites
• the personal circumstances of the site occupiers
• whether there has been intentional unauthorised development
• if the development is inappropriate, whether the harm to the Green Belt by way of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development
• Whether the development would be inappropriate development in the Green Belt for the purposes of the Framework and development plan policy (bunding, hardstanding, gate, walls and fencing)
• The effect of the bunding, hardstanding, gate, walls and fencing on the openness of the Green Belt and the purposes of including land within the Green Belt
• the effect of the bunding, hardstanding, gate, walls and fencing on the character and appearance of the landscape
• If the development is inappropriate, whether the harm to the Green Belt by way of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The finding that the gypsy and traveller residential use satisfied the paragraph 155 'grey belt' criteria (not strongly contributing to Green Belt purposes, unmet need, sustainable location), so was not inappropriate development, tipped the overall balance in favour of the use, while for the ancillary structures it was whether their practical function in securing the site outweighed the Green Belt harm of inappropriateness.

For the residential use, significant weight in favour (lack of five-year traveller site supply, Council policy failure, personal circumstances) combined with an absence of other harm outweighed only limited weight against intentional unauthorised development, and the use was found acceptable and in accordance with the development plan as a whole; for the ancillary enforcement notice, the substantial Green Belt harm from the bunds, hardstanding and gate was not outweighed and permission was refused for those, whereas the substantial weight given to the practical benefit of the fencing and walls clearly outweighed the Green Belt harm from their inappropriateness, so very special circumstances were demonstrated for those elements.