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Material and Non-material considerations

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Development Control

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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.

Last updated: Sat 20th September, 2008 @ 09:09