Planning Law. Material Considerations

Material Considerations
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In principle, any consideration that relate to development and use of land should be competent enough with regard to planning considerations. Regarding whether a specific consideration that fall within such abroad class is material in particular case is depended on such circumstances (Stringer –v- MHLG [1971])1 All ER, 65).
In paragraph 11 of the planning systems, the general policies go like this, “material considerations ought to be planning considerations that are genuine. Stated differently, they ought to be in relation to the use and development of land resources for public interest. Such considerations should also reasonably and fairly relate to the concerned application (R v Westminster CC ex-parte Monahan 1989).
Paragraph 12-15 of these principle states that the laws and courts should be the arbiters of all the constituencies of material consideration. All the essential factors which may be involved in land use such the size, number, layout, design, external appearance, landscaping, and siting influences the neighborhood and the accessibility of the relevant infrastructure.
The courts should also hold that government policies and regulations of policy planning are material considerations and which must be considered with regard to decisions on planning applications. These kind of statements do not in sense make irrelevant any matter that is material consideration in any specific situation. On the other hand, where such statements indicated weight that were supposed to be offered significant considerations, those who are mandated to make decisions should have appropriate regard to them. If they choose not to adhere to government policies and relevant laws, they ought to provide convincing and clear reasons for doing so (E C Grandsen and Co Ltd v SSE and Gillingham BC 1985).
Any proposal to constructing structure In conservation areas is always considered in line with the tests under section 72 and73 of the LB Act. Such tests requires that in exercising their mandate under this LB Act with regard to specific buildings or other structures in conservation areas, the government local authorities ought to pay special consideration on the desirability of enhancing as well as preserving the appearance and features of such an area.
In addition, the local authority constitutes material consideration deciding on whether the permissions for planning should be offered or refused. It should also be noted that the code of best practices introduced in 2002 and government policies in PPG 8 points out the potential for solutions which are designated into their environment settings . There are a number of instances in relation to such structures (MOP, 2012)
According to the Northern Ireland Pl...