Material Consideration

Government planning practice guidance explains that a decision on a planning application must generally follow the development plan 'unless there are material considerations that indicate otherwise', citing section 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004. The guidance defines the concept directly: 'A material planning consideration is one which is relevant to making the planning decision in question (eg whether to grant or refuse an application for planning permission).'

The scope of what can count as material is wide, but the guidance notes that the courts have generally treated planning as concerned with land use in the public interest, so that 'purely private interests such as the impact of a development on the value of a neighbouring property or loss of private rights to light' will not normally count. Whether something is material is a legal question, ultimately for the courts, but once a consideration is accepted as material, 'it is for the decision maker to decide what weight is to be give to the material considerations in each case' — and, subject to a test of reasonableness, the courts will not interfere with that judgment on weight.