Very special circumstances justify retention of large unauthorised industrial site in the Green Belt

In May 2021, the London Borough of Havering issued 21 different enforcement notices alleging unauthorised and inappropriate development in the Green Belt. The development enforced against collectively amounted to a large industrial site comprising a number of different plots occupied by demolition contractors, scaffolders, haulage companies, a waste transfer station and other industrial uses. The owner of the land, Mr Leslie Jones, appealed against the notices, and a public inquiry into all appeals took place in November 2022. In a decision published on 23 January 2023, Inspector John Brathwaite, appointed by the Secretary of State for Levelling-up, Housing and Communities, allowed all the unauthorised development to remain on site. Some of the 21 plots were found to have been used continuously for the required 10-year period, and had therefore acquired immunity from enforcement. For the 12 plots that did not have immunity, the Inspector decided to grant planning permission (under section 174(a) and section 177 of the Town and Country Planning Act 1990). He found that “very special circumstances” existed to justify the retention of the unauthorised development, applying the high threshold for inappropriate development in the Green Belt set by policy GB2 of the London Plan 2021 and paras. 147-148 of the National Planning Policy Framework 2021. The decision letter is available here. Matthew Fraser represented the successful appellant, Mr Jones, instructed by Tom Barton at Mishcon de Reya LLP.