A material consideration, in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
, is a process in
planning law
Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own ...
in which the decision maker when assessing an application for development must consider in deciding the outcome of an application.
Material considerations in the past have included issues regarding traffic, wildlife, economic impacts and the 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 effect on property values are not material considerations.
The
Campaign to Protect Rural England
CPRE, The Countryside Charity, formerly known by names such as the ''Council for the Preservation of Rural England'' and the ''Council for the Protection of Rural England'', is a charity in England with over 40,000 members and supporters. Form ...
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
evelopmentplan unless other material considerations indicate otherwise'.
The courts ultimately decide what a material consideration is. However,
case law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...
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
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
in
Great Portland Estates
Great Portland Estates plc (branded as GPE) is a British property development and investment company. It is listed on the London Stock Exchange and is a constituent of the FTSE 250 Index. The firm switched to Real Estate Investment Trust status wh ...
v.
Westminster City Council
Westminster City Council is the local authority for the City of Westminster in Greater London, England. The city is divided into 20 wards, each electing three councillors. The council is currently composed of 31 Labour Party members and 23 Cons ...
985
Year 985 ( CMLXXXV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Summer – Henry II (the Wrangler) is restored as duke of Bavaria by Empress Theoph ...
.
In practice, government
planning policy is often the most important material consideration other than the development plan.
Government policy
Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public ...
may also override the development plan if it has been both consulted on and published more recently.
Local government in the United Kingdom
United Kingdom planning law
Public policy in England
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