North East Derbyshire Statement of Community Involvement 2023
Appendix E - What is a Material Consideration?
When a decision is made on a planning application, only certain issues can be taken into account; these are often referred to as 'material considerations'.
Material considerations can include (but are not limited to):
- Local, strategic and national planning policies, most notablythe policies of the Development Plan
- Emerging new plans and policies
- Previous appeal decisions
- Principles of Case Law established through the Courts
- Amenity issues
- Highway issues: traffic generation, vehicular access, highway safety
- Noise or disturbanceresulting from a use
- Smells and fumes
- Capacity of utilities infrastructure,e.g. drainage or water systems
- Impacts on social infrastructure, e.g. schools and health facilities
- Storage and handling of hazardous materials
- Impacts from contaminated land
- Impact on nature conservation interests & biodiversity
- Effect on listed buildings and conservation areas
- Design, layout and appearance.
- Landscaping and means of enclosure
The weight attached to material considerations in reaching a decision is a matter of judgement for the decision-taker. However, the decision-taker is required to demonstrate that in reaching that decision that they have considered all relevant matters.
Greater weight is attached to issues supported by evidence. If a problem can be dealt with by a condition in a planning permission the Local Planning Authority is required do this instead of refusing an application.
What is not a Material Consideration?
The following issues cannot be given weight in making decisions on planning applications. (This list is not exhaustive.)
- Matters controlled under Building Regulations or other regulatory systems.
- Private issues between neighbours, such as land/boundary disputes, damage to property, covenant, private rights of access, etc.
- Opposition to the principle of development when this has already been determined by an outline planning permission.
- Applicant's personal circumstances (unless exceptionally and clearly relevant e.g. provision of a facility essential for the support of someone with special needs)
- Opposition to business competition
- Loss of property value
- Loss of view