Land South of Key Cottage, Oak Road, Billericay, Essex, CM11 2YL

Main issues, as the Inspector framed them

• Whether the appeal sites comprise grey belt land or previously developed land and whether the development is inappropriate development in the Green Belt, having regard to the National Planning Policy Framework ("the Framework") and relevant development plan policies
• 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 the occupiers of nearby properties
• Whether any harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify it

What decided it

The finding that the appeal land formed separate, unlawful planning units causing substantial harm to Green Belt openness and character/appearance, with no very special circumstances to outweigh that harm.

The other considerations relied on (fallback position, personal circumstances, and provision of a single additional residential unit) did not clearly outweigh the substantial harm to Green Belt openness, character and appearance, and living conditions, so very special circumstances did not exist and the deemed applications were refused.