North East Derbyshire Statement of Community Involvement 2023

Ended on the 29 March 2023
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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
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