A material consideration, in the United Kingdom, is a factor relevant to the development and use of land which the decision-maker should consider when assessing and deciding the outcome of a planning application.
Material considerations include issues such as traffic, wildlife, economic impacts, and the character, landscape and/or historical interest of the area. In considering an application for development, decision-makers often consult local development plans and the National Planning Policy Framework (NPPF) to determine the success of a proposal.
Issues such as loss of a view, or an effect on property or business values, are not material considerations.
The Campaign to Protect Rural England advises that Material Considerations are factors that will be taken into account when a decision on a planning application or appeal is reached. Under Section 38 of the Planning and Compulsory Purchase Act 2004, decisions on planning applications 'must be made in accordance with the [development] plan unless other material considerations indicate otherwise'.
The courts ultimately decide what a material consideration is. However, case law gives local planning authorities a great deal of leeway to decide what considerations are relevant and how much weight should be given to them, each time they make a decision on a planning application. Any consideration that relates to the use or development of land is capable of being a material consideration, but other circumstances such as personal hardship and fears of affected residents can be considered in exceptional cases (the House of Lords in Great Portland Estates v. Westminster City Council [1985]).
In practice, government planning policy is often the most important material consideration other than the development plan. Government policy may also override the development plan if it has been both consulted on and published more recently.
This article related to government in the United Kingdom or its constituent countries is a stub. You can help Wikipedia by expanding it.
material, consideration, this, article, does, cite, sources, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, december, 2009, learn, wh. This article does not cite any sources Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Material consideration news newspapers books scholar JSTOR December 2009 Learn how and when to remove this template message A material consideration in the United Kingdom is a factor relevant to the development and use of land which the decision maker should consider when assessing and deciding the outcome of a planning application Material considerations include issues such as traffic wildlife economic impacts and the character landscape and or historical interest of the area In considering an application for development decision makers often consult local development plans and the National Planning Policy Framework NPPF to determine the success of a proposal Issues such as loss of a view or an effect on property or business values are not material considerations The Campaign to Protect Rural England advises that Material Considerations are factors that will be taken into account when a decision on a planning application or appeal is reached Under Section 38 of the Planning and Compulsory Purchase Act 2004 decisions on planning applications must be made in accordance with the development plan unless other material considerations indicate otherwise The courts ultimately decide what a material consideration is However case law gives local planning authorities a great deal of leeway to decide what considerations are relevant and how much weight should be given to them each time they make a decision on a planning application Any consideration that relates to the use or development of land is capable of being a material consideration but other circumstances such as personal hardship and fears of affected residents can be considered in exceptional cases the House of Lords in Great Portland Estates v Westminster City Council 1985 In practice government planning policy is often the most important material consideration other than the development plan Government policy may also override the development plan if it has been both consulted on and published more recently This article related to government in the United Kingdom or its constituent countries is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Material consideration amp oldid 1190894205, wikipedia, wiki, book, books, library,
