The evaluation of a planning application often involves a complex and multifaceted process. Public members hold numerous viewpoints on such matters, and while some may be entirely rational, not all can be legally factored into the final decision.
"Material planning considerations" play a critical role in the planning application evaluation. These are valid objections that can significantly impact the decision to approve or reject a planning proposal. They encompass a variety of aspects, including:
1. Diminished sunlight or an overshadowing effect
2. Invasion of privacy or overlooking
3. Visual amenity impacts (excluding private view loss)
4. Adequacy of parking, loading, and turning facilities
5. Highway safety implications
6. Traffic generation
7. Noise and disturbance due to utilization
8. The presence of hazardous materials
9. Unpleasant smells
10. Deforestation
11. Impacts on heritage-listed buildings and conservation areas
12. Building layout and density
13. Building design, appearance, and materials used
14. Landscaping strategies
15. Road access
16. Local, strategic, regional, and national planning policies
17. Government directives, orders, and statutory instruments
18. Accessibility for disabled individuals
19. Potential cost awards against the Council in public inquiries
20. Proposals outlined in the Development Plan
21. Conservation of nature
22. Archaeological concerns
23. Incorporation of solar panels
24. Crime fears, provided there's evidence indicating a real threat
Yet, there are multiple factors that the Council cannot legally consider when assessing planning applications. These might include:
1. Depreciation of property value
2. Business competition
3. Loss of private view
4. Boundary disputes, including foundation encroachment5. Private agreements or covenants
6. The applicant's previous conduct or history
7. The motives behind the application
8. Potential profits from the approved application
9. Private rights to light or access
10. Property damage
11. Disruption during the construction phase
12. Completed work
13. Fence alignments
14. Trade loss or competitors
15. Age, health, status, and background of the objector
16. The objector's work schedule
17. Work completion timeframe
18. Private drainage system capacity
19. Building or structural techniques
20. Alcohol or gaming licenses
21. Matters under other legislation's purview
In assessing a planning application, it's also crucial for the Council to envision the potential outcomes in the absence of an application. Let's take the instance of a project intending to convert an office building into homes. In this case, community concerns may arise regarding a surge in traffic. However, the Council's consideration must be limited to the traffic increment that surpasses what the fully occupied office building would have ordinarily caused.