A material consideration, in the

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, 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

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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 The Planning and Compulsory Purchase Act 2004 (c. 5) is an Act of the Parliament of the United Kingdom. It was promoted by the Office of the Deputy Prime Minister. It substantially reforms the town planning and compulsory purchase framework i ...

, 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 a 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

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985. 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 problematic social issues, guided by a conception and often implemented by programs. T ...

may also override the development plan if it has been both consulted on and published more recently.

References

Local government in the United Kingdom United Kingdom planning law Public policy in England {{UK-gov-stub