Material considerations
What are material considerations?
Any consideration which relate to the use and development of
land can be a planning consideration. Whether it is 'material'
depends on individual circumstances. When dealing with planning
applications, we think that the following matters are material
planning considerations and may be relevant, although the list is
not exhaustive.
- Local, strategic, regional and national planning policies in
addition to those in the Development Plan (includes Supplementary
Planning Guidance; Scottish Planning Policies (SPPs); and Planning
Advice Notes (PANs)
- Government circulars, orders and statutory instruments
- Previous appeal decisions
- Loss of daylight or sunlight (based on Building Research
Establishment guidance)
- Overshadowing/loss of outlook to the detriment of residential
amenity (but not loss of view as such)
- Overlooking/loss of privacy
- Highway issues: traffic generation, vehicular access,
highway safety
- Noise and disturbance resulting from use, including proposed
hours of operation
- Smells
- Capacity of infrastructure (e.g. in the public drainage system,
or spaces in schools)
- Storage & handling of hazardous materials
- Development of contaminated land
- Loss of trees
- Adverse impact on nature conservation interests &
biodiversity opportunities
- Effect on listed buildings and Conservation Areas
- Layout and density of buildings
- Design, visual appearance and finishing materials
- Archaeology
- Risk of flooding
- Landscaping
- Light pollution
Matters which cannot normally be taken into
account:
- Matters controlled under Building Regulations or other
non-planning legislation, e.g. structural stability, drainage
details, fire precautions, matters covered by licences etc.
- Private issues between neighbours e.g. land/boundary disputes,
damage to property, private rights of access, covenants etc.
- Loss of value of property
- Loss of a view
- Problems arising from the construction period of any works,
e.g. noise, dust, construction vehicles, hours of working (covered
by Control of Pollution Acts).
We will make planning decisions in the public interest. The
planning system does not exist to protect the private rights of one
individual over another. Planning permission goes with the land and
very rarely relates to an individual. In some
circumstances, a temporary or personal permission may be justified,
though such measures are used sparingly. Above all, it is important
for us to maintain consistency in taking decisions to ensure
adopted policies are protected and public confidence is
maintained.
