Material and Non-material considerations
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Material and Mon-Material Considerations
The following is a list of Material Considerations that can be taken into account in determining planning applications or whether it is expedient to take enforcement action under the Town and Country Planning Act and matters that are Not Material considerations in determining such matters.
|
Material Considerations |
Non-Material Considerations |
|---|---|
|
Highway safety |
Business competition |
|
Flood risk |
“Too many already” |
|
Appearance and design |
Loss of views |
|
Noise, dust, fumes, etc. issues |
Damage to property fears |
|
Loss of light/sunlight |
Where other controls exist |
|
Scale and dominance |
Devaluation of property |
|
Archaeology |
Rights of way |
|
Sustainability |
Covenants |
|
Nature conservation |
Other private rights |
|
Privacy |
Personal issues (rarely) |
|
Impact on community & other services |
Disturbance during development |
|
Impact on character – trees etc. |
Maintenance of property |
|
Parking provision |
|
Other material considerations that the Borough Council have to consider include the following:
When policies conflict they can pull against each other and therefore a judgement has to be taken on which should prevail.
A fall-back position:
Such as a lawful use which could result in a development worse than proposal.
An extant planning permission which has a similar or worse effect than the proposed development.
Permitted Development which could have the same or worse effect than the proposed development.
These matters have to be considered against the facts as to whether they are reasonably likely to take place or continue.
The development may also conflict with Policies, however it may be justified if it enables worthy planning-related objective to be delivered
Policy objectives may have to be sacrificed to secure site redevelopment in the public interest
An Inspector’s decision on appeal, on the same or similar site may set a precedence.
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