Material consideration

Material consideration

A material consideration in the UK is a process in Planning Law in which the decision maker when assessing an application for development must consider in deciding the outcome of an application.

Material considerations in the past have included issues regarding traffic, wildlife, economic impacts and the historical interest of the area. In considering an application for development, decision makers often consult local development plans and Public Policy Guidance notes (PPG) to determine the success of a proposal.

Issues such as loss of a view, or effect on property values are not material considerations.

The Campaign to Protect Rural England advises that Material Considerations are factors which will be taken into account when reaching a decision on a planning application or appeal. 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 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 which 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.

Wikimedia Foundation. 2010.

Look at other dictionaries:

  • material — ma·te·ri·al 1 /mə tir ē əl/ adj 1: of, relating to, or consisting of physical matter 2: being of real importance or consequence 3: being an essential component the material terms of the contract 4: being relevant to a subject under considerati …   Law dictionary

  • Consideration — Con*sid er*a tion (k[o^]n*s[i^]d [ e]r*[=a] sh[u^]n), n. [L. consideratio: cf. F. consid[ e]ration.] 1. The act or process of considering; continuous careful thought; examination; contemplation; deliberation; attention. [1913 Webster] Let us… …   The Collaborative International Dictionary of English

  • material — Important; more or less necessary; having influence or effect; going to the merits; having to do with matter, as distinguished from form. Representation relating to matter which is so substantial and important as to influence party to whom made… …   Black's law dictionary

  • consideration — The inducement to a contract. The cause, motive, price, or impelling influence which induces a contracting party to enter into a contract. The reason or material cause of a contract. Some right, interest, profit or benefit accruing to one party,… …   Black's law dictionary

  • Material derivative — The material derivative[1][2] is a derivative taken along a path moving with velocity v, and is often used in fluid mechanics and classical mechanics. It describes the time rate of change of some quantity (such as heat or momentum) by following… …   Wikipedia

  • material evidence — Evidence which bears so closely upon the issues of the case as to warrant its being considered by jury or court as the trier of the facts. 20 Am J Rev ed Ev §§ 253 et seq. Evidence which goes to the substantial matters in dispute or has a… …   Ballentine's law dictionary

  • material breach — A breach of contract which goes to the whole consideration; a breach which gives to the injured party the right to rescind the contract or to maintain an action for damages for a total breach. 17 Am J2d Contr § 446 …   Ballentine's law dictionary

  • For Your Consideration (album) — Infobox Album Name = For Your Consideration Type = studio Artist = Kathy Griffin Released = June 17, 2008 Recorded = February 2008 at the Grand Theatre Center for theArts in Tracy, California Genre = Comedy Length = 57:38 Label = Music with a… …   Wikipedia

  • Orthotropic material — Wood is an example of an orthotropic material. Material properties in three perpendicular directions (axial, radial, and circumferential) are different. An orthotropic material has two or three mutually orthogonal twofold axes of rotational… …   Wikipedia

  • Explosive material — A number of 1.25lb M112 Demolition Charges, consisting of a C 4 compound, sit atop degraded weaponry scheduled for destruction An explosive material, also called an explosive, is a reactive substance that contains a great amount of potential… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.