Spains Hall, Spains Hall Road, Willingale, Ongar, CM5 0QE

Main issues, as the Inspector framed them

• Whether the proposal would constitute inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies
• The effect on the openness of the Green Belt
• The effect on heritage assets
• The effect on the Epping Forest Special Area for Conservation
• Whether any 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 development would fail to comply with the Habitats Regulations because the Inspector could not be satisfied that it would avoid adverse effects on the Epping Forest Special Area for Conservation, which is a statutory obligation that requires the appeal to be dismissed notwithstanding the clear outweighing of Green Belt harm by other considerations.

The benefits attributable to the proposed development, including significant economic benefits from farm diversification and business growth, would clearly outweigh the harm to the Green Belt by reason of inappropriateness; however, this balance was overridden by the statutory requirement under the Habitats Regulations that permission must not be granted where adverse effects on the SAC cannot be ruled out.