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
If a decision-maker fails to take account of relevant considerations or has taken into account irrelevant considerations, the decision is at risk of being quashed.
As was clarified by Lord Hoffmann in Tesco Stores v Secretary of State for the Environment, the question of whether something is a relevant consideration is one of law, but the weight to be given to any relevant consideration is a matter for the decision-maker, with which the court will only interfere on the grounds of Wednesbury irrationality.
This Practice Note focuses on how decision-makers must take the development plan into account, the assessment of any conflict with the development plan and key cases where this has been examined. This Practice Note does not deal
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