Constitution Part 5 - Planning Code of Practice

5.1 Planning decisions are based on planning considerations and cannot be based on immaterial considerations. The Town and Country Planning Act 1990 (as amended), together with Government guidance through the National Planning Policy Framework and cases decided by the courts, define what matters are material to planning decisions.

5.2 It is the responsibility of Officers in preparing reports and recommendations to Elected Members, and in advising Committees, to identify the material planning considerations and to ensure Elected Members are aware of those matters which are not material to planning decisions.

5.3 Section 70 of the Town and Country Planning Act 1990, provides that Elected Members have a statutory duty when determining planning applications, to have regard to the provisions of the development plan where material to the application, and to any other material consideration.

Section 38 (6) of the Planning & Compulsory Purchase Act 2004 advises that it is a requirement that ‘If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination  must be made in accordance with the plan unless material considerations indicate otherwise’.

The National Planning Policy Framework constitutes guidance for local planning authorities in both drawing up plans and as a material consideration in determining applications. The Framework underlines that ‘the purpose of the planning system is to contribute to the achievement of sustainable development’ (paragraph 6 refers).  

The development plan consists of:

• The policies of the Hartlepool Local Plan 2018, the Hartlepool Rural Neighbourhood Plan and the policies contained with the Minerals and Waste Development Plan Documents (September 2011) so far as they are consistent with the National Planning Policy Framework.

Neighbourhood Plans subject to examination in public and approval through referendum, must be in general conformity with an adopted Local Plan.  

5.4 Other material planning considerations include:

• supplementary planning documents approved by the Council following public consultation;
• statutory duties in relation to conservation areas and listed buildings; 
• representations made by statutory consultees and other people making comments, to the extent that they relate to planning matters;
• the environmental qualities of the surrounding area or the visual character of a street (this includes the scale, design and materials of buildings and the landscaping of a site);
• the amenity and privacy of dwellings;
• the character of an area in other senses (in terms of noise or other forms of pollution);
• road safety (both directly as in the case of a dangerous access or indirectly in terms of car parking and traffic generation);
• public services, such as drainage; • public proposals for using the same land; and
• legitimate planning gain/community benefit.

5.5 There is much case law on what are, and are not material planning matters. Planning matters must relate to the use and development of land. For example, the following are not normally planning matters and cannot be taken into account in planning decisions:

• personal and financial considerations;
• private property rights and boundary disputes;
• covenants;
• effects on property and land values;
• developers’ motives;
• public support or opposition, unless it is founded on valid planning matters;
• the fact that development has already begun (people can carry out development at their own risk before getting permission and the Council has to judge development on its planning merits);
• the fact that an applicant has carried out unauthorised development in the past;
• “trade objections” from potential competitors;
• moral objections such as activities likely to become addictive, for instance betting shops, lottery kiosks or amusement arcades;
• the belief that an application is submitted by an owner with the intention of selling the property at an enhanced value;
• the loss of an attractive private view (for instance when development is proposed on the opposite side of the road to or at the rear of an objector’s house);
• the fear that an objector’s house or property might be devalued;
• the fact that the applicant does not own the land to which his application relates (this can be overcome by agreement with the owner and, if it is not, the development cannot happen);
• the fact that an objector is a tenant of land where development is proposed; any consequences between landlord and tenant are unrelated to the application;
• allegations that a proposal might affect private rights, ie restrictive covenants; property maintenance; ownership and private rights of way disputes; boundary disputes; (such considerations are legal matters on which objectors should consult their own solicitor or advisor since it will not be possible for Officers of the Council to advise as to such rights);
• arguments of a personal kind in relation to the circumstances of the applicant. It is essential that Elected Members are aware that planning permission goes with the land. The Government inquiry into planning in North Cornwall (‘Inquiry into the Planning System in North Cornwall - DoE 1993’) makes it plain that personal preferences are not reasons for granting planning permissions. Personal circumstances may, very exceptionally, have a place in the system. Therefore, information about the applicant should not be material to the consideration of a planning application in the vast majority of cases, and personal circumstances cannot therefore, in general, outweigh planning considerations.