The following Planning practice note provides comprehensive and up to date legal information covering:
When considering an application for planning permission or permission in principle, section 70(2) of the Town and Country Planning Act 1990 (TCPA 1990) states that the decision-maker must have regard to:
the provisions of the development plan, so far as material to the application
a post-examination draft neighbourhood development plan, so far as material to the application
any considerations relating to the use of the Welsh language, so far as material to the application
any local finance considerations, so far as material to the application
any other material considerations
Section 38(6) of the Planning and Compulsory Purchase Act 2004 (PCPA 2004) provides:
‘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.’
It is established law that priority is to be given to the development plan in determining planning matters, see Practice Note: Determining planning applications—priority of the development plan.
However, the priority given to the development plan does not mean that proposals for development which are in conflict with the development plan cannot be approved. If there are material considerations (assessed on a case-by-case basis) that indicate the provisions of the development plan should not be followed, they can outweigh the priority given
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