I'd have to disagree in that there is, in my view, a big difference between how something "should" be determined in accordance with and any kind of actual strict rule/requirement to do so.It's rare in my experience for any planning application to satisfy ever single policy within an adopted plan, usually there's a shortcoming of some degree, but when considered as a whole such applications broadly accord with the plan.Rather than hearing it from me, a quick google search will take you to the planning portal which offers the following definition of a material consideration :Material considerations can include (but are not limited to):- Overlooking/loss of privacy- Loss of light or overshadowing- Parking- Highway safety- Traffic- Noise- Effect on listed building and conservation area- Layout and density of building- Design, appearance and materials- Government policy- Disabled persons' access- Proposals in the Development Plan- Previous planning decisions (including appeal -decisions)- Nature conservationHowever, issues such as loss of view, or negative effect on the value of properties are not material considerations.In my experience what third parties often don't give weight to is the previous planning history of a site and in particular what is known as the 'fallback' position, such an what could be done without requiring planning permission, or an extant planning permission that could be implemented but is yet to be, or the impacts of the status quo against the impacts of the proposed development and whether there would be any change to those impacts and if so whether that change would be sufficiently significant to be harmful.But you are correct in that it is possible for anyone to seek a High Court challenge against the granting of planning permission, on legal failings alone, which indeed include arguments that a Council hasn't give sufficient weight to the local plan or another material consideration (or that a Council has given weight to something which isn't a material planning consideration).Hope that helps.
Adam Beamish ● 3779d