By law decisions have to be made in accordance with the local plan unless material considerations indicate otherwise.
A material consideration is something relevant to making the planning decision. There isn’t a definite list but the examples give a useful guide:
Can include:
- Supplementary planning documents
- Overlooking/loss of privacy
- Loss of light or overshadowing (no ‘right to light’)
- Parking, highway safety and traffic
- Noise
- Effect on listed building and conservation area (+/-)
- Layout and density of building
- Design, appearance and materials
- Nature conservation
- Consultee comments
- Previous planning decisions
- Job creation
- Viability
Does not include:
- Negative effect on the value of properties
- Land ownership or restrictive covenants
- Applicant’s personal circumstances (unless exceptional such as relating to a protected characteristic)
- Business competition
- Too many already
- Damage to property fears
- Disturbance during building works
- Other matters controlled under building regulations or other non-planning legislation
- Loss of view