Material consideration

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 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)

A number of formal references are most likely to be considered as material considerations in any planning application 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 (such as the Environment Agency, Highways Agency or 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
• Archaeology
• Design

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
• Distinguishing between particular occupiers
• Private interests or private rights of way
• Restrictive covenants and landowner control
• Specific outlooks from a property
• Personal circumstances or financial considerations
• Ulterior purposes or motives
• Discrimination towards an applicant or future occupier.

[edit] 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.

[edit] 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