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Material consideration
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{{Use dmy dates|date=April 2022}} {{refimprove|date=November 2024}} A '''material consideration''', in the [[United Kingdom]], is a factor relevant to the development and use of land which the decision-maker should consider when assessing and deciding the outcome of a [[planning application]].<ref>{{cite web |title=What are material considerations? |url=https://www.planningaid.co.uk/hc/en-us/articles/18119343509405-What-are-material-considerations#:~:text=In%20short%2C%20material%20planning%20considerations,account%20when%20deciding%20an%20application. |website=planningaid.co.uk |publisher=Royal Town Planning Institute |access-date=6 November 2024}}</ref><ref>{{cite web |title=Determining a planning application |url=https://www.gov.uk/guidance/determining-a-planning-application |website=GOV.UK |access-date=6 November 2024 |language=en |date=6 December 2023}}</ref> Material considerations include issues such as traffic, wildlife, economic impacts, and the character, landscape and/or historical interest of the area. In considering an application for development, decision-makers often consult local development plans and the National Planning Policy Framework (NPPF) to determine the success of a proposal. Issues such as loss of a view, or an effect on property or business values, are not material considerations. The [[Campaign to Protect Rural England]] advises that Material Considerations are factors that will be taken into account when a decision on a planning application or appeal is reached. Under Section 38 of the [[Planning and Compulsory Purchase Act 2004]], decisions on planning applications 'must be made in accordance with the [development] plan unless other material considerations indicate otherwise'. The courts ultimately decide what a material consideration is. However, [[case law]] gives [[Local planning authority|local planning authorities]] a great deal of leeway to decide what considerations are relevant and how much weight should be given to them, each time they make a decision on a planning application. Any consideration that relates to the use or development of land is capable of being a material consideration, but other circumstances such as personal hardship and fears of affected residents can be considered in exceptional cases (the [[House of Lords]] in [[Great Portland Estates]] v. [[Westminster City Council]] [1985]). In practice, government [[planning policy]] is often the most important material consideration other than the development plan. [[Government policy]] may also override the development plan if it has been both consulted on and published more recently. ==References== {{reflist}} {{DEFAULTSORT:Material Consideration}} [[Category:Local government in the United Kingdom]] [[Category:United Kingdom planning law]] [[Category:Public policy in England]] {{UK-gov-stub}}
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