Case

Planning permission granted on appeal for major Green Belt development in Essex

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The Secretary of State’s appointed Inspector has reversed the refusal of Epping Forest DC and granted planning permission for major Green Belt development comprising: up to 52 later living apartments (Extra Care Housing) incorporating a convenience shop and café (use class E); 13 retirement cottages (Extra Care Housing); 10 self-build & custom build houses; 4 affordable houses, open space, bowling green, children's play area and improved local bus service.

Permission was granted despite the proposal being an “inappropriate development” in the Green Belt, which would result in a loss of Green Belt openness and permanent harm to this essential Green Belt characteristic.

The Council claimed that it had a five-year housing supply, despite the appellant’s evidence to the contrary. The Inspector found no compelling evidence to support the Council’s claim. He afforded significant weight to the proposed contribution of 79 dwellings to the area’s housing supply. He also afforded significant weight to the proposed contribution to the supply of affordable housing, to the provision of older people’s housing and to the provision of self-build/custom housebuilding plots. The Inspector accepted the appellant’s case that a range of other considerations also weighed in favour of the proposal.

All things considered, the Inspector concluded that very special circumstances existed to justify the development. He did not resolve, or need to resolve, the issue as to whether the appeal site is indeed a paradigm example of “Grey belt” land. The decision is of particular interest for the conclusion as to Epping Forest DC’s five-year housing supply (or lack of it) and for the evidence as to the district’s projected huge increase in the number of persons aged 65+.

For a copy of the decision, click here.

Stephen Whale represented the successful appellant during the appeal process and at the appeal hearing. 

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