One of the most common phrases used within Scotland’s planning system is “material planning considerations”. Whether you are applying for planning permission, commenting on a development proposal or reading a Planning Authority’s decision notice, you are likely to encounter the term.
Despite its importance, many people are unclear about what a material planning consideration actually is and how it influences planning decisions.
Understanding material planning considerations can help applicants, communities and other interested parties engage more effectively with the planning process and focus on the issues that are most likely to influence the outcome of an application.
Key Takeaway
Material planning considerations are matters that a Planning Authority or Scottish Ministers can lawfully take into account when determining a planning application or Electricity Act application. They can also form the basis of planning representations, objections and letters of support. However, not every issue raised by an applicant or member of the public will be a material planning consideration.
What is a Material Planning Consideration?
A material planning consideration is a matter that is relevant to the use and development of land and which can lawfully be taken into account when determining a planning application or other development proposal.
Planning decisions are not based solely on whether a proposal is popular or unpopular. Instead, decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
Material planning considerations therefore help Planning Authorities and Scottish Ministers assess whether a proposal is acceptable in planning terms.
The weight given to any particular consideration will depend on the circumstances of the case.
Why Are Material Planning Considerations Important?
Material planning considerations are important because they help ensure that planning decisions are made consistently, fairly and in accordance with planning law.
They are used by:
- Applicants preparing planning applications
- Planning Officers assessing proposals
- Planning committees determining applications
- Scottish Ministers determining appeals and Electricity Act applications
- Community councils
- Members of the public making representations
- Developers and landowners
Whether you are supporting or objecting to a proposal, focusing on material planning considerations is generally the most effective way to influence the outcome of a decision.
Material Planning Considerations and Planning Applications
When determining a planning application, the Planning Authority must consider:
- The development plan
- National Planning Framework 4 (NPF4)
- Relevant Local Development Plan policies
- Other material planning considerations
Examples of material planning considerations commonly encountered in planning applications include:
- Residential amenity
- Privacy and overlooking
- Daylight and sunlight
- Design and appearance
- Landscape and visual impacts
- Traffic and road safety
- Parking provision
- Biodiversity and ecology
- Protected species
- Flood risk
- Drainage
- Historic environment impacts
- Listed buildings
- Conservation areas
- Scheduled monuments
- Trees and woodland
- Noise
- Air quality
- Climate change
- Renewable energy policy
- Public access
- Infrastructure capacity
- Cumulative impacts
The relevance and weight of these issues will vary depending on the nature and location of the proposal.
Material Planning Considerations and Electricity Act Applications
Certain energy developments are determined under Sections 36 and 37 of the Electricity Act 1989 rather than under the Town and Country Planning (Scotland) Act 1997.
Examples commonly include:
- Wind farms
- Hydro-electric developments
- Overhead electricity transmission lines
- Electricity substations
- Battery energy storage systems associated with electricity infrastructure
While the legal process differs, many of the planning issues considered are similar.
Material planning considerations commonly include:
- Landscape and visual impacts
- Residential amenity
- Noise
- Cultural heritage
- Ecology and biodiversity
- Peatland impacts
- Forestry impacts
- Public access
- Tourism
- Socio-economic effects
- Climate change
- Renewable energy policy
- Cumulative impacts with existing and proposed developments
These matters may be considered by Scottish Ministers when determining whether consent should be granted.
Material Planning Considerations and Representations
Material planning considerations are particularly important when making a representation, objection or letter of support.
A representation that focuses on relevant planning issues is generally far more effective than one based solely on personal opinion.
For example, an objection may refer to:
- Conflict with development plan policies
- Road safety concerns
- Adverse impacts on neighbouring properties
- Flood risk
- Biodiversity impacts
- Landscape impacts
Similarly, a letter of support may refer to:
- Economic benefits
- Regeneration benefits
- Renewable energy generation
- Improved infrastructure
- Contribution to housing supply
- Support for development plan objectives
The fact that a representation supports or opposes a proposal is less important than the planning issues it raises.
What Is Not Normally a Material Planning Consideration?
Not every issue raised during the planning process can be taken into account.
Examples of matters that are generally not material planning considerations include:
- Loss of a private view
- Impact on property values
- Private legal disputes
- Boundary disputes
- Competition between businesses
- Personal dislike of an applicant
- Restrictive title conditions
- Matters controlled by separate legislation
These issues may be important to those affected, but they will generally carry little or no weight in the planning decision-making process.
Does the Number of Objections Matter?
One of the most common misconceptions is that a large number of objections will automatically result in an application being refused.
Planning decisions are not determined by a public vote.
A Planning Authority must assess the planning merits of a proposal and the material planning considerations that apply.
Ten well-reasoned representations raising significant planning issues may carry more weight than one hundred representations that do not identify any material planning considerations.
The quality and relevance of the planning issues raised is generally more important than the number of comments received.
Can Material Planning Considerations Change Over Time?
Yes. Planning policy evolves and the weight given to different planning issues can change over time.
For example:
- The adoption of National Planning Framework 4 (NPF4) significantly increased the importance of climate change and biodiversity considerations.
- New Local Development Plans may introduce or revise local planning policies.
- New environmental information may become available.
- Changes to legislation or case law may affect how certain issues are assessed.
As a result, material planning considerations should always be considered in the context of the planning system that applies at the time a decision is made.
Need Advice on Material Planning Considerations?
At Planning.scot, we provide independent chartered town planning advice on planning applications, Electricity Act applications, planning objections, letters of support and development plan consultations throughout Scotland.
Whether you are preparing a planning application, responding to a development proposal or seeking advice on the planning merits of a project, we can help identify the material planning considerations most relevant to your circumstances and prepare robust planning submissions on your behalf.
Need advice on the planning merits of a proposal? Feel free to contact us today to discuss your project and arrange an initial consultation.