NKDC Material Planning conditions
North Kesteven District Council
Planning Services Briefing Note 3
Material Planning Considerations in the Determination of Planning Applications
This note seeks to outline the range of issues and concerns that are normally relevant to the determination of planning applications, and those that are not.
In considering a planning application, the Council has a statutory duty to have regard to the provisions of the development plan and any other “material considerations”.
The most common “material considerations” include the following, although the list is not exhaustive.
- Local, strategic, regional and national planning policies, including proposals in the development plan.
- Government circulars, orders and statutory instruments
- Previous appeal decisions and planning history
- Loss of daylight or sunlight
- Overshadowing/loss of outlook (but not loss of view)
- Overlooking / loss of privacy
- Highway issues: Traffic generation, vehicular access, highway safety
- Noise and disturbance resulting from use
- Smells
- Light pollution
- Hazardous materials/ground contamination
- Loss of trees
- Nature conservation
- Effect on listed buildings and Conservation Area
- Layout and density of buildings
- Design, visual appearance and materials
- Archaeology
- Risk of flooding
- Landscaping
- Disabled persons’ access
Other matters that are NOT material planning considerations
Guidance is set out below on matters that are not generally material to planning decisions. Again, the list is not exhaustive.
Precedent - Every planning decision must be reached on the merits of the case. The fact that previous cases have been decided in a particular way does not create a precedent for others. The DPA is entitled to consider the cumulative effect of similar decisions that would cause harm, but the possibility of precedent should not lead to a refusal where there are other good reasons for allowing a development.
Matters regulated by other statutory controls- Generally speaking, Planning Authorities cannot use the planning system to regulate matters covered by other statutes.
Alternative scheme or proposals - LPAs may not take into account alternative proposals for a site to those submitted by the applicant unless the alternative is specifically supported by the Local Plan.
Retention of existing use - The LPA has no power to require unviable uses to remain in operation. It cannot use its planning powers to require the continuation of an existing use unless:
- there is a clear public interest in retaining the existing use which is not otherwise catered for; and
- there is a fair chance that the existing use will be retained as a result of the decision.
Private interests - Often representations on planning applications concern not a planning matter but a personal interest or a civil dispute.
Private rights of way - Private rights of way are in the control of the person holding the rights. Planning permission cannot grant private rights of way that otherwise do not exist, nor can planning permission override private rights of way that do exist.
Restrictive covenants and landowner's control- As with civil disputes and private rights of way, the LPA is not able to assume that the matter is incapable of resolution. But if a landowner or holder of a covenant does not wish to relax it, planning permission does not override his civil right to refuse to allow the development to proceed.
Loss of view from property - Nobody has a right to a view from their property.
Financial considerations - The cost of a development is not a material consideration and the LPA has no jurisdiction to protect developers from expensive projects.
Personal circumstances - Generally speaking, personal circumstances are not a material planning consideration. The courts have held that personal circumstances may "tip the balance" when other material considerations are not decisive. However, personal circumstances may not be weighed against the provisions of the Development Plan or other material considerations.