What Are Material Planning Considerations?

A material planning consideration is any factor relevant to the use and development of land that a local planning authority must legally consider when deciding a planning application, as required by Section 70(2) of the Town and Country Planning Act 1990. Examples include impact on amenity, design, highway safety, flood risk, ecology, and heritage — but NOT property values, private views, business competition, or personal disputes. Understanding which considerations are material is the single most important factor in writing effective planning objections and successful applications.

The Legal Basis

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Key Facts About Material Considerations

• Legal basis: Section 70(2) TCPA 1990 and Section 38(6) Planning and Compulsory Purchase Act 2004
• Decisions must accord with the development plan unless material considerations indicate otherwise
• Objections citing non-material issues (property value, views) carry no weight
• Councils refusing on non-material grounds risk losing at appeal with costs awarded against them
• Case law (Stringer v MHLG [1970]) established the test: relevant to planning and significant enough to matter

The requirement to consider material considerations comes from two key pieces of legislation:

Section 70(2) of the Town and Country Planning Act 1990 says that when dealing with a planning application, the council shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations.

Section 38(6) of the Planning and Compulsory Purchase Act 2004 goes further: the determination must be made in accordance with the development plan unless material considerations indicate otherwise.

In plain English: the Local Plan comes first, but other relevant factors can justify departing from it — in either direction. A proposal that conflicts with the plan can still be approved if material considerations outweigh the conflict. And a proposal that complies with the plan can still be refused if material considerations make it unacceptable.

What counts as "material" has been shaped by decades of case law. The courts have consistently held that a material consideration is one that relates to the use and development of land and is relevant to the planning merit of the proposal. The leading authority is the House of Lords decision in Stringer v Minister of Housing and Local Government [1970], which established that the range of considerations is very broad.

What Councils MUST Consider

The following are well-established material planning considerations. If raised in an objection or relevant to an application, the council is legally required to take them into account:

Traffic, Parking, and Highway Safety

The impact of a development on the local road network is almost always material. This includes:

• Increased traffic volume on residential streets
• Unsafe access points or visibility splays
• Inadequate parking provision leading to on-street congestion
• Impact on pedestrian and cyclist safety
• Suitability of the road network for construction traffic

The highways authority (usually the county council or unitary authority) is a statutory consultee and will provide a professional assessment. Their recommendation carries significant weight, though the planning authority makes the final call.

Noise and Disturbance

Both during construction and from the ongoing use of the development. A new pub, takeaway, or industrial unit near homes will be assessed for its noise impact. The council will consider the existing background noise level, the character of the area, and whether conditions (such as restricted opening hours or sound insulation) can adequately mitigate the impact.

Privacy and Overlooking

One of the most common material considerations in residential applications. If a new window, balcony, or raised terrace would look directly into a neighbour's habitable rooms or private garden at close range, this is a legitimate concern.

Most councils have adopted standards — typically a minimum of 21 metres between directly facing habitable room windows, and 12-14 metres from a window to a boundary where overlooking would occur. These aren't statutory distances but are widely used guidance.

Note: overlooking is different from "loss of a view." You have no right to a view over someone else's land. But you do have a reasonable expectation of privacy within your home and immediate garden.

Design, Scale, and Character

Does the proposal fit in? The NPPF (National Planning Policy Framework) places great emphasis on good design. Local Plans contain policies on design, and many councils have supplementary design guides.

This covers building height, massing, materials, architectural style, density, and how the development relates to its surroundings. A five-storey block of flats in a street of two-storey cottages is likely to be refused on design and character grounds — not because tall buildings are inherently wrong, but because the proposal doesn't respond to its context.

Daylight, Sunlight, and Overshadowing

If a proposed building would significantly reduce the natural light reaching your home or garden, this is material. The industry standard assessment methodology is the BRE (Building Research Establishment) guide "Site Layout Planning for Daylight and Sunlight," which provides technical tests for adequate daylight and sunlight.

Officers will consider whether the impact exceeds BRE guidelines, though they're guidelines rather than rigid pass/fail tests.

Heritage and Conservation

Impact on listed buildings, conservation areas, scheduled ancient monuments, and other heritage assets is a statutory consideration. The Planning (Listed Buildings and Conservation Areas) Act 1990 imposes specific duties:

• Section 66(1) requires decision-makers to have "special regard" to the desirability of preserving listed buildings, their setting, and any features of special architectural or historic interest
• Section 72(1) requires "special attention" to the desirability of preserving or enhancing the character or appearance of conservation areas

The courts have interpreted these duties as creating a strong presumption against harm to heritage assets — they carry "considerable importance and weight" (Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council [2014]).

Ecology and Biodiversity

Protected species (bats, great crested newts, badgers, nesting birds), protected habitats, ancient woodland, and hedgerows are all material. Under the Environment Act 2021, most developments in England must now deliver a minimum 10% biodiversity net gain — meaning the development must leave biodiversity in a measurably better state than before.

Flood Risk and Drainage

The NPPF applies a sequential test to development in flood zones — development should be steered to the lowest-risk areas. The Environment Agency is a statutory consultee for development in flood zones 2 and 3. Surface water drainage (including the use of sustainable drainage systems, or SuDS) is also material, particularly in areas prone to surface water flooding.

Impact on Trees

Trees protected by Tree Preservation Orders (TPOs) or within conservation areas have specific legal protections. Even unprotected trees can be a material consideration if they contribute to the character and amenity of an area.

Compliance with the Development Plan

This is the starting point for every decision. The development plan consists of the Local Plan (and any adopted Neighbourhood Plan). Policies in these documents cover everything from housing numbers to design standards, green belt boundaries to employment land allocations.

National Planning Policy

The NPPF is a material consideration of significant weight. It covers topics including sustainable development, housing supply, green belt, heritage, design, natural environment, and climate change. Changes to the NPPF can shift the weight given to particular considerations — for example, the government's emphasis on housing delivery has influenced how five-year housing land supply arguments are weighed.

Planning History

Previous applications on the same site, including appeal decisions, are material. A previous refusal or appeal dismissal on similar grounds will carry weight, though changed circumstances can justify a different outcome.

Precedent

While each application is decided on its own merits, the council can consider whether approving a development would set a precedent that would be difficult to resist in similar cases elsewhere.

What Councils CANNOT Consider

The following are not material planning considerations. Raising them in an objection wastes everyone's time and may undermine your credibility:

Loss of Property Value

This is the most common non-material consideration raised by objectors. It doesn't matter how much you think a development will reduce the value of your home — planning law does not exist to protect property prices. There is no mechanism for the council to weigh this factor.

Competition Between Businesses

If a new shop, restaurant, or gym would compete with an existing one, that's a matter for the market, not the planning system. The council cannot refuse a new café because there's already one on the same street.

Moral or Religious Objections

Objections based on the morality of a proposed use (e.g., objecting to a licensed premises on temperance grounds, or to an adult entertainment venue on moral grounds) are not material — unless there are associated planning impacts such as noise, anti-social behaviour, or traffic.

Personal Disputes with the Applicant

Your history with your neighbour, their behaviour, their personality, or your personal relationship has no bearing on whether their extension complies with planning policy.

Private Covenants and Rights

Restrictive covenants, easements, and rights of way are private legal matters between landowners. A covenant preventing someone from building doesn't prevent the council from granting planning permission. The two systems are entirely separate.

Loss of a Private View

There is no right to a view over someone else's land. The loss of a view from your living room window is not something the council can take into account. However, don't confuse this with overlooking (a privacy issue, which is material) or the loss of an important public view or vista identified in planning policy.

The Applicant's Character or Motives

Planning permission attaches to the land, not the person. The council assesses the proposal on its merits. Who the applicant is, why they want to build, or whether they'll actually carry out the development is irrelevant to the planning assessment.

Construction Disruption

Short-term disruption from building works — noise, dust, deliveries — is generally not a reason to refuse planning permission, because it's temporary and can be managed through conditions and other regulatory regimes (such as environmental health). The ongoing impact of the completed development is what matters.

How Officers Weigh Competing Considerations

In reality, most planning applications involve a mix of positive and negative factors. The officer's job is to carry out a planning balance — weighing the benefits of the proposal against the harms, in the context of the development plan.

This is not a mechanical process. There's no formula or spreadsheet. Officers exercise professional planning judgement, guided by policy and case law. Two competent officers could reasonably reach different conclusions on the same application — which is why the appeals system exists.

The Weight of Considerations

Not all material considerations carry equal weight. The weight given to a particular factor depends on:

• The development plan — is it a strategic policy or a detailed design standard?
• The evidence — is the impact supported by professional assessments or just assertions?
• The extent of harm — minor impact on a heritage asset carries less weight than substantial harm
• National policy — has the government signalled that particular issues should carry enhanced weight?

For example, if an application site is within the green belt, the NPPF says there is a strong presumption against inappropriate development. The applicant must demonstrate "very special circumstances" — meaning the benefits must clearly outweigh the harm to the green belt and any other harm. This is a deliberately high bar.

Real Examples of Material Considerations in Action

Overlooking prevails: A two-storey extension was refused because first-floor windows would directly overlook a neighbour's private patio from just 9 metres away, falling well short of the council's 21-metre privacy standard. The officer's report concluded this would cause an unacceptable loss of privacy, contrary to Policy DM2.

Traffic concerns dismissed: Objectors to a small housing development argued it would cause traffic chaos on a rural lane. However, the highways authority assessed the proposal and concluded that the additional vehicle movements (estimated at 30 per day) were within the capacity of the road and the access met visibility standards. The traffic objection was noted but given little weight against the professional assessment.

Heritage outweighs housing need: A proposal to build 12 homes adjacent to a Grade I listed church was refused despite the council not being able to demonstrate a five-year housing land supply. The inspector at appeal agreed that the harm to the setting of the listed building was of sufficient magnitude to outweigh the benefits of housing delivery, applying Section 66(1) of the Listed Buildings Act and the NPPF heritage policies.

Biodiversity net gain as a condition: A warehouse development in a semi-rural area was approved subject to a condition requiring a biodiversity net gain plan demonstrating the mandatory 10% net gain. The applicant's ecological survey showed the site had limited existing biodiversity value (a disused car park), so achieving the gain through on-site wildflower planting and hedgerow creation was feasible.

How to Use Material Considerations in Your Objection

If you're objecting to a planning application, reference material considerations explicitly. Here's a practical approach:

1. Read the relevant Local Plan policies. These are on your council's website. Identify which policies the proposal might conflict with.
2. Focus on the strongest 2-3 material considerations. Quality beats quantity.
3. Provide evidence. Photos, measurements, professional reports — anything that supports your case beyond assertion.
4. Explain the harm specifically. "This will cause overlooking" is weak. "The proposed first-floor bathroom window will directly overlook my rear garden from a distance of 8 metres, below the 21-metre standard in the council's Residential Design Guide" is strong.
5. Reference planning policy. "Contrary to Local Plan Policy BE1 which requires development to respect the amenity of neighbouring residents."

For a full guide on writing effective objections, see How to Object to a Planning Application. Tools like PlanWatch can help you spot applications early, giving you the full 21-day window to research the policies and prepare a well-evidenced response.

Frequently Asked Questions

Is loss of light a material consideration?

Yes. Loss of daylight and sunlight to habitable rooms and private gardens is a well-established material consideration. The council will typically assess this using the BRE guidelines, though the degree of weight given depends on the severity of the impact and the character of the area (expectations differ between a rural village and a city centre).

Can I raise concerns about construction noise?

Construction disruption (noise, dust, hours of work) is generally managed through conditions rather than being a reason for refusal. However, the ongoing noise impact of a development's use (e.g., a commercial premises, plant equipment, or traffic noise) is fully material.

What if there's no specific policy that covers my concern?

Material considerations are broader than just adopted planning policies. Case law, government guidance, emerging planning policy, and the general principles of good planning are all relevant. If your concern relates to the use and development of land, it's likely material — even if there's no specific Local Plan policy on point.

Do material considerations apply the same way at appeal?

Yes. Planning inspectors apply the same legal framework as councils. In fact, appeal decisions often provide clearer reasoning about how competing material considerations were weighed, because inspectors write detailed decision letters explaining their conclusions.

How do I find out what the material considerations are for a specific application?

Read the case officer's report (available on the council's planning portal). It will set out every material consideration the officer has identified and assessed, along with the weight given to each. This is the most transparent part of the planning system — the reasoning is documented and public.

Summary

Material planning considerations are the foundation of every planning decision. They're the filter through which councils assess whether a development is acceptable — and they should be the framework for every comment you submit.

Focus on what's material: traffic, noise, privacy, design, heritage, ecology, flood risk, light, and compliance with planning policy. Avoid what's not: property values, business competition, personal grievances, and private covenants.

The stronger your understanding of material considerations, the more effective your engagement with the planning system will be — whether you're applying for permission, supporting an application, or objecting to one. For what happens when a council's assessment goes against you, see Can Planning Permission Be Refused? for refusal grounds and appeal options.

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Further Reading

Related Guides

• Neighbour Building an Extension
• How to Object to a Planning Application
• Planning Application for a Phone Mast Near My Home
• How to Appeal a Planning Decision
• Planning Enforcement: When Rules Are Broken
• Can Planning Permission Be Refused?
• Conservation Areas and Planning
• The Planning Permission Process — Complete Guide

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