Different types of application must be assessed in different ways. However, most require a decision to be made in accordance with the Development Plan unless material considerations indicate otherwise. In brief, and as held by the Courts, the decision maker should first have regard to the Development Plan before anything else should be considered.
What is the Development Plan?
This varies from authority to authority, but is comprised of planning policies in adopted Local Plans and Development Plan Documents (DPDs), and in ‘made’ Neighbourhood Development Plans (NDPs). The Development Plan does not include national planning policy except where individual policies of the Development Plan directly reference and rely upon national policy.
Supplementary Planning Documents (SPDs) and Guidance (SPGs) contribute to the application of policies in Development Plans.
What are material planning considerations?
When considering an application against the Development Plan the decision maker can only take into account ‘material planning considerations’. The most common of these are (this is not an exhaustive list):
- National planning policy and guidance (the National Planning Policy Framework (NPPF) and Planning Practice Guidance (PPG);
- Emerging Development Plan policy (this includes any emerging NDP);
- Ministerial statements;
- Subordinate and other legislation, including case law;
- Previous planning decisions (including appeal decisions);
- The scope of permitted development rights in achieving the same or a similar development;
- Evidence on the capacity of local infrastructure, including schools, healthcare and highways;
- Overshadowing and overlooking/loss of privacy;
- Landscape impacts and visual amenity (but not loss of private view);
- Highway safety, including adequacy of parking, loading and turning space;
- Noise, odour/air quality and disturbance from existing and proposed uses;
- Hazardous materials, contaminated land and land stability;
- Flood risk and surface water drainage;
- Effect on trees, hedgerows and biodiversity;
- Effect on heritage assets; and
- Character and appearance (including density, pattern of development, scale and landscaping (where relevant to the application made)).
Depending on the type of application, not all the above matters will be relevant. For instance, it is not appropriate to consider the capacity of local infrastructure under an application for reserved matters approval.
What are NOT material planning considerations?
There are matters which cannot be taken into account. Examples include:
- Perceived effect on property value;
- Business competition;
- Land ownership and restrictive covenants;
- Boundary and neighbour disputes;
- The ability to comply with other legislation, such as Building Regulations or the Highway Act;
- Loss of a private view;
- Private disputes between neighbours; or
- The morals or intent of an applicant.
If a decision maker determines an application on the basis of a non-material planning consideration, the decision may be unsound in law and at risk of challenge in the courts.