How did that get planning permission? first appeared in the Ulster Herald in February 2018.

That was a question I was asked a couple of times in the past number of weeks in relation to a recent addition to our built environment, and it is, I expect  a question all planners get asked from time to time with respect to developments that do not quite meet everyone’s expectations.

My article of 18 January finished with the point that planning permission will be granted having regard to the local development plan and all other material considerations, unless the proposed development will cause harm to interests of acknowledged importance.

The first port of call in deciding on an application for planning permission is the local development plan for the District. Then, as well as the development plan there are “all other material considerations”. Basically a material consideration is any matter related to the proposed development and also relevant to planning. The following are some of the most common considerations.

The characteristics of the site itself and its surroundings is something that would have to be considered for every application to develop land. In addition to the general location there may be more specific considerations such the nature conservation value of the area or the proximity to a listed building.

Consideration of the actual development proposed, the site, and its environs, will point to the need to consult specific documents on planning policy and these are also material considerations.

There is published planning policy to cover most types of development of land whether that be housing, tourism, or renewable energy development to name a few. There is also policy on important planning issues such as built heritage, nature conservation and flooding. The wording of these policy documents often forms the nitty-gritty of finely balanced decision making.

Any previous planning permission will also be taken into account. However planning permission that had been granted and which has since expired may be less determining.

Impact on road safety and movement of traffic is a material consideration and there will be few planning applications on which the planning authority will not consult with Transport NI. Other public bodies who are also regularly consulted and whose opinion may be a material consideration include Environmental Health and Northern Ireland Environment Agency.

The impact on neighbouring residents and land uses is also a material consideration and any concerns raised by third parties on how the development will affect them must be considered. Likewise if you are the applicant, you may make a statement to the planning authority highlighting the benefits of your proposal whether they are economic, environmental or social.

So there are numerous material considerations for each individual application for planning permission, all of which must be taken into account as failure to do so could leave the final decision open to judicial review. Not all material considerations are of equal value and the weight to be attached to each one is entirely at the discretion of the planning authority.