Q&As

When a planning permission has been granted subject to section 106 being prepared, but in the interim a new material consideration materialises, it is accepted that specific material consideration should be determined however who should be consulted? Is it just those that are affected by the new material consideration?

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Produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP
Published on LexisPSL on 13/08/2019

The following Planning Q&A produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP provides comprehensive and up to date legal information covering:

  • When a planning permission has been granted subject to section 106 being prepared, but in the interim a new material consideration materialises, it is accepted that specific material consideration should be determined however who should be consulted? Is it just those that are affected by the new material consideration?

When a planning permission has been granted subject to section 106 being prepared, but in the interim a new material consideration materialises, it is accepted that specific material consideration should be determined however who should be consulted? Is it just those that are affected by the new material consideration?

There is a duty on local planning authorities (LPA) under section 70(2) of the Town and Country Planning Act 1990 to take into account the development plan and any other material consideration. It should be remembered that, subject to the principles of Wednesbury unreasonableness, it is for the decision maker to decide the weight to attach to a material consideration as long as they take it into account.

The case of R (on the application of Leckhampton Green Land Action Group Limited) v Tewkesbury BC considered the caselaw on the situation where a material consideration or change of policy arises after the Council has resolved to grant planning permission. The judge cited the case of R (Kides) v South Cambridgeshire DC (at [para 70]), stating:

‘(ii) the duty under section 70(2) is not to be elevated into a formal requirement that in every case where a new material consideration arises after the passing of a resolution to approve a proposal in principle, but before the issue of a decision notice, there has to be a referral of the

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