Material consideration - Revision history

Editor at 10:46, 24 May 2023

2023-05-24T10:46:51Z

← Older revision		Revision as of 10:46, 24 May 2023
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	A material consideration in UK planning (or a material planning consideration) is an aspect which is considered relevant to the processing of making the planning decision (eg whether to grant or refuse an application for planning permission).		A material consideration in UK planning (or a material planning consideration) is an aspect which is considered relevant to the processing of making the planning decision (eg whether to grant or refuse an application for planning permission).

−	The scope of what can constitute a material consideration is very wide and so the courts often do not indicate what cannot be a material consideration. However, in general they have taken the view that planning is concerned with land use in the public interest, so that the protection of purely private interests such as the impact of a development on the value of a neighbouring property or loss of private rights to light could not be material considerations.	+	"The scope of what can constitute a material consideration is very wide and so the courts often do not indicate what cannot be a material consideration. However, in general they have taken the view that planning is concerned with land use in the public interest, so that the protection of purely private interests such as the impact of a development on the value of a neighbouring property or loss of private rights to light could not be material considerations."

−	The law makes a clear distinction between the question of whether something is a material consideration and the weight which it is to be given. Whether a particular consideration is material will depend on the circumstances of the case and is ultimately a decision for the courts. Provided regard is had to all material considerations, it is for the decision maker to decide what weight is to be give to the material considerations in each case, and (subject to the test of reasonableness) the courts will not get involved in the question of weight.	+	"The law makes a clear distinction between the question of whether something is a material consideration and the weight which it is to be given. Whether a particular consideration is material will depend on the circumstances of the case and is ultimately a decision for the courts. Provided regard is had to all material considerations, it is for the decision maker to decide what weight is to be give to the material considerations in each case, and (subject to the test of reasonableness) the courts will not get involved in the question of weight." (extracts from UK Government website reference below)

−	~~However a~~ number of formal references are likely to be considered as material considerations these include;	+	A number of formal references are most likely to be considered as material considerations in any planning application these include;

	* Statutory designations.		* Statutory designations.
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	* Planning history of the site.		* Planning history of the site.
	* Planning gain.		* Planning gain.
−	* Representations by Consultees (~~Highways, The~~ Environment Agency, ~~the~~ Highways Agency ~~and~~ English Heritage.)	+	* Representations by Consultees (such as the Environment Agency, Highways Agency or English Heritage.)
	* Representations by owners, tenants, local committees and the public.		* Representations by owners, tenants, local committees and the public.
	* Environmental Impact Assessment, contaminated land, water and other environmental matters.		* Environmental Impact Assessment, contaminated land, water and other environmental matters.
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	* General and residential amenity, public safety and crime prevention.		* General and residential amenity, public safety and crime prevention.
	* Highway safety and public rights of way		* Highway safety and public rights of way
−	* ~~Archeology~~	+	* Archaeology
	* Design		* Design

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	* Personal circumstances or financial considerations		* Personal circumstances or financial considerations
	* Ulterior purposes or motives		* Ulterior purposes or motives
−	* Discrimination ~~toward~~ an applicant or future occupier.	+	* Discrimination towards an applicant or future occupier.
		+
		+	= Related articles of Designing Buildings =
		+
		+	* Detailed planning application.
		+	* Development management.
		+	* National Planning Policy Framework.
		+	* National Planning Practice Guidance.
		+	* Neighbourhood planning.
		+	* Outline planning application.
		+	* Planning.
		+	* Planning authority.
		+	* Planning permission.
		+	* Precedents.
		+	* Town and Country Planning Act.
		+	* Town planner.
		+	* Town planning.
		+
		+	= External References =

	Paragraph: 008 Reference ID: 21b-008-20140306 and Paragraph: 009 Reference ID: 21b-009-20140306 Revision date: 06 03 2014 [https://www.gov.uk/guidance/determining-a-planning-application https://www.gov.uk/guidance/determining-a-planning-application]		Paragraph: 008 Reference ID: 21b-008-20140306 and Paragraph: 009 Reference ID: 21b-009-20140306 Revision date: 06 03 2014 [https://www.gov.uk/guidance/determining-a-planning-application https://www.gov.uk/guidance/determining-a-planning-application]
		+
		+	[[Category:DCN_Case_Law]] [[Category:DCN_Commentary]] [[Category:DCN_Definition]] [[Category:DCN_Policy]] [[Category:Definitions]] [[Category:Planning_permission]] [[Category:Policy]]

Editor at 10:41, 24 May 2023

2023-05-24T10:41:27Z

← Older revision		Revision as of 10:41, 24 May 2023
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−	A material consideration in planning (or a material planning consideration) is an aspect which is considered relevant to the processing of a planning decision (eg whether to grant or refuse an application for planning permission).	+	A material consideration in UK planning (or a material planning consideration) is an aspect which is considered relevant to the processing of making the planning decision (eg whether to grant or refuse an application for planning permission).

	The scope of what can constitute a material consideration is very wide and so the courts often do not indicate what cannot be a material consideration. However, in general they have taken the view that planning is concerned with land use in the public interest, so that the protection of purely private interests such as the impact of a development on the value of a neighbouring property or loss of private rights to light could not be material considerations.		The scope of what can constitute a material consideration is very wide and so the courts often do not indicate what cannot be a material consideration. However, in general they have taken the view that planning is concerned with land use in the public interest, so that the protection of purely private interests such as the impact of a development on the value of a neighbouring property or loss of private rights to light could not be material considerations.
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	* Design		* Design

−	Considerations in planning that are not generally considered as material, unless expressly made so for ~~sepcific~~ reasons relating to planning.	+	Considerations in planning that are not generally considered as material, unless expressly made so by the Authority for specific reasons relating to the planning application are usually;

	* Precedents or alternative proposals		* Precedents or alternative proposals
	* Distinguishing between particular occupiers		* Distinguishing between particular occupiers
	* Private interests or private rights of way		* Private interests or private rights of way
−	* Restrictive covenants and landowner's control	+	* Restrictive covenants and landowner control
−	* ~~Specifics outlook~~ from a property	+	* Specific outlooks from a property
	* Personal circumstances or financial considerations		* Personal circumstances or financial considerations
−	* Ulterior ~~purpose~~ or ~~motive~~	+	* Ulterior purposes or motives
−	* Discrimination of an applicant of future occupier.	+	* Discrimination toward an applicant or future occupier.

	Paragraph: 008 Reference ID: 21b-008-20140306 and Paragraph: 009 Reference ID: 21b-009-20140306 Revision date: 06 03 2014 [https://www.gov.uk/guidance/determining-a-planning-application https://www.gov.uk/guidance/determining-a-planning-application]		Paragraph: 008 Reference ID: 21b-008-20140306 and Paragraph: 009 Reference ID: 21b-009-20140306 Revision date: 06 03 2014 [https://www.gov.uk/guidance/determining-a-planning-application https://www.gov.uk/guidance/determining-a-planning-application]

Editor at 10:33, 24 May 2023

2023-05-24T10:33:57Z

← Older revision		Revision as of 10:33, 24 May 2023
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	* Design		* Design

−	~~Furthermore~~	+	Considerations in planning that are not generally considered as material, unless expressly made so for sepcific reasons relating to planning.
		+
		+	* Precedents or alternative proposals
		+	* Distinguishing between particular occupiers
		+	* Private interests or private rights of way
		+	* Restrictive covenants and landowner's control
		+	* Specifics outlook from a property
		+	* Personal circumstances or financial considerations
		+	* Ulterior purpose or motive
		+	* Discrimination of an applicant of future occupier.

	Paragraph: 008 Reference ID: 21b-008-20140306 and Paragraph: 009 Reference ID: 21b-009-20140306 Revision date: 06 03 2014 [https://www.gov.uk/guidance/determining-a-planning-application https://www.gov.uk/guidance/determining-a-planning-application]		Paragraph: 008 Reference ID: 21b-008-20140306 and Paragraph: 009 Reference ID: 21b-009-20140306 Revision date: 06 03 2014 [https://www.gov.uk/guidance/determining-a-planning-application https://www.gov.uk/guidance/determining-a-planning-application]

Editor at 10:23, 24 May 2023

2023-05-24T10:23:42Z

← Older revision		Revision as of 10:23, 24 May 2023
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	The law makes a clear distinction between the question of whether something is a material consideration and the weight which it is to be given. Whether a particular consideration is material will depend on the circumstances of the case and is ultimately a decision for the courts. Provided regard is had to all material considerations, it is for the decision maker to decide what weight is to be give to the material considerations in each case, and (subject to the test of reasonableness) the courts will not get involved in the question of weight.		The law makes a clear distinction between the question of whether something is a material consideration and the weight which it is to be given. Whether a particular consideration is material will depend on the circumstances of the case and is ultimately a decision for the courts. Provided regard is had to all material considerations, it is for the decision maker to decide what weight is to be give to the material considerations in each case, and (subject to the test of reasonableness) the courts will not get involved in the question of weight.
		+
		+	However a number of formal references are likely to be considered as material considerations these include;
		+
		+	* Statutory designations.
		+	* Planning Policy Statements and Guidance Notes (PPSs and PPGs).
		+	* Regional Spatial Strategies (RSS).
		+	* Supplementary Planning Guidance (SPG).
		+	* CLG Circulars and other policy deemed to be relevant.
		+
		+	Other potential material considerations might be
		+
		+	* Planning history of the site.
		+	* Planning gain.
		+	* Representations by Consultees (Highways, The Environment Agency, the Highways Agency and English Heritage.)
		+	* Representations by owners, tenants, local committees and the public.
		+	* Environmental Impact Assessment, contaminated land, water and other environmental matters.
		+	* Listed buildings and conservation Areas
		+	* General and residential amenity, public safety and crime prevention.
		+	* Highway safety and public rights of way
		+	* Archeology
		+	* Design
		+
		+	Furthermore

	Paragraph: 008 Reference ID: 21b-008-20140306 and Paragraph: 009 Reference ID: 21b-009-20140306 Revision date: 06 03 2014 [https://www.gov.uk/guidance/determining-a-planning-application https://www.gov.uk/guidance/determining-a-planning-application]		Paragraph: 008 Reference ID: 21b-008-20140306 and Paragraph: 009 Reference ID: 21b-009-20140306 Revision date: 06 03 2014 [https://www.gov.uk/guidance/determining-a-planning-application https://www.gov.uk/guidance/determining-a-planning-application]

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A material consideration in planning (or a material planning consideration) is an aspect which is considered relevant to the processing of a planning decision (eg whether to grant or refuse an application for planning permission).

The scope of what can constitute a material consideration is very wide and so the courts often do not indicate what cannot be a material consideration. However, in general they have taken the view that planning is concerned with land use in the public interest, so that the protection of purely private interests such as the impact of a development on the value of a neighbouring property or loss of private rights to light could not be material considerations.

The law makes a clear distinction between the question of whether something is a material consideration and the weight which it is to be given. Whether a particular consideration is material will depend on the circumstances of the case and is ultimately a decision for the courts. Provided regard is had to all material considerations, it is for the decision maker to decide what weight is to be give to the material considerations in each case, and (subject to the test of reasonableness) the courts will not get involved in the question of weight.

Paragraph: 008 Reference ID: 21b-008-20140306 and Paragraph: 009 Reference ID: 21b-009-20140306 Revision date: 06 03 2014 [https://www.gov.uk/guidance/determining-a-planning-application https://www.gov.uk/guidance/determining-a-planning-application]