What factors are relevant to decisions on planning applications?

In law, planning decisions must take into account all factors that are material (relevant to planning) and may not take into account any factors which are not material.

The starting point for any decision is the development plan. At the moment, this includes:

• the Regional Spatial Strategy for the West Midlands,
• the Warwickshire Structure Plan, and
• the Stratford upon Avon District Local Plan Review 1996 - 2011 (adopted 14 July 2006).

The existing system of Structure and Local Plans is to be replaced in the near future by a new system of Local Development Frameworks, following the Government's reform of the planning system.

Planning decisions must be taken in accordance with the policies of the Development Plan 'unless other material considerations indicate otherwise'.

Planning considerations must relate to the use and development of land. Whether an issue is 'material' depends on case law and the individual circumstances of the case.

The following issues are often material planning considerations:

• Planning law- both primary legislation (Acts) and secondary legislation(Regulations and Orders);
• Central Government planning advice in Planning Policy Statements (PPSs) Planning Policy Guidance Notes (PPGs), Circulars and Ministerial statements;
• Local planning advice, such as Supplementary Planning Guidance, including Parish Plans which have been adopted for planning purposes by the District Council;
• Sustainability (the overall impact of the development on the environment);
• The effect on the visual quality or general amenity of an area and on the character of the area;
• The effect on a specially designated area or building or its setting (e.g. Conservation Areas, Listed Buildings and Areas of Outstanding Natural Beauty), particularly the design of buildings and how they relate to their surroundings;
• The effect on trees which contribute to local public amenity;
• Vehicular access, highway safety and congestion;
• Car parking provision;
• Noise, smells or other environmental disturbance;
• The effect on neighbouring properties/residents in terms of overlooking, overshadowing, and overbearing development;
• Community safety and crime prevention;
• Access for people with disabilities;
• Flooding and surface water drainage;
• The effect on public rights of way;
• The effect on the local economy;
• Local needs for provision of matters such as affordable housing and public open space;
• The effect on sites of ecological value and protected species;
• The effect on sites of archaeological value; and
• The planning history of the site.

The following issues cannot normally be considered in making planning decisions:

• Loss of views from private properties;
• The identity of the applicant or occupant (unless exceptionally there are strong compassionate or other personal grounds);
• Commercial competition;
• Private legal covenants and private property rights;
• Boundary disputes;
• Devaluation of property;
• Moral and religious issues; and
• Matters covered by other legislation.

If you are in doubt as to what issues are material in a particular case, please contact the District Council's planning case officer for advice.