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Planning appeal decision

Allowed10 August 20266007798

Land at Marles Stud, Epping Road, Epping Upland, Epping, CM16 6PF

Authority
Epping Forest District Council
Appeal type
Planning
Procedure
Written
Development
residential
Postcode
CM16 6PF

Main issues, as the Inspector framed them

  • Whether the development is inappropriate development in the Green Belt, having regard to the National Planning Policy Framework and any relevant development plan policies
  • The effect of the development on openness
  • The effect of the development on the integrity of the Epping Forest Special Area of Conservation
  • 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 the development

What decided it

The best interests of the children occupying the dwellings, combined with the human rights implications and the Council's lack of five-year housing land supply, collectively clearly outweighed the substantial weight given to harm to the Green Belt.

The substantial harm to the Green Belt by reason of inappropriateness and limited harm to openness was clearly outweighed by the best interests of children (significant weight), human rights considerations (moderate weight), housing delivery (limited weight), and other economic and environmental benefits (limited weight), resulting in very special circumstances that justified the development; the tilted balance under paragraph 11(d)(ii) also applied given the Council's inability to demonstrate five-year housing land supply.

Framework references: 11, 58, 153, 154, 155

Plan policies cited: Policy DM4, Policy SP5, Policy DM2, Policy DM9

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.