The Planning Inspectorate has provided comment on what may constitute “very special circumstances” in relation to green belt development.
The planning appeal (reference APP/P3610/W/21/3280881) was made by Fairfax Properties against the refusal of planning permission by Epsom and Ewell Borough Council. The proposal was for a modest 20-unit residential development, located within the green belt.
Part of the site had previously been developed. However, the site included land that was last used for agricultural purposes. The inspector therefore concluded that the proposal would amount to inappropriate development in the green belt and did not meet any of the exceptions within paragraph 149 of the National Planning Policy Framework.
The inspector did, however, find that there were very special circumstances which justified the development in accordance with paragraph 147 of the NPPF.
The inspector considered the context of the development and found that, overall, the proposal would lead to an improvement in the openness of the green belt and that there would be no conflict with any green belt purpose. He also found that the proposal would holistically and coherently improve the visual appearance of the whole site and would result in a biodiversity net gain on the site that considerably exceeded statutory requirements.
In addition, the inspector noted that the council had a “woeful housing land supply” of 0.68 years. It was not disputed that the council was unable to demonstrate a deliverable five-year supply of housing sites in the borough. The inspector recognised that the proposal would deliver 20 homes, eight of which would be affordable, and that these were positive matters which he afforded considerable weight in favour of the appeal. He also noted that there would be some positive contribution towards enhancing and maintaining the economic vitality of the rural community as a result of the development.
While this decision does not have the binding authority of a court judgment, it is a very useful application of “very special circumstances” in the context of residential developments. The decision also demonstrates that these circumstances may arise from a number of different contributing factors. It also helps to rebut a common assumption that any increase in development in the green belt will, automatically, have a negative impact on green belt purpose, landscape, openness and biodiversity net gain. The latter of these may have particular importance given the ever-approaching biodiversity net gain requirements.
Victoria Tague is an associate in the planning and environment team at Irwin Mitchell
