A material consideration, in the United Kingdom, is a factor relevant to the development and use of land which the decision-maker should consider when assessing and deciding the outcome of a planning application.
Material considerations include issues such as traffic, wildlife, economic impacts, and the character, landscape and/or historical interest of the area. In considering an application for development, decision-makers often consult local development plans and the National Planning Policy Framework (NPPF) to determine the success of a proposal.
Issues such as loss of a view, or an effect on property or business values, are not material considerations.
The Campaign to Protect Rural England advises that Material Considerations are factors that will be taken into account when a decision on a planning application or appeal is reached. Under Section 38 of the Planning and Compulsory Purchase Act 2004, decisions on planning applications 'must be made in accordance with the [development] plan unless other material considerations indicate otherwise'.
The courts ultimately decide what a material consideration is. However, case law gives local planning authorities a great deal of leeway to decide what considerations are relevant and how much weight should be given to them, each time they make a decision on a planning application. Any consideration that relates to the use or development of land is capable of being a material consideration, but other circumstances such as personal hardship and fears of affected residents can be considered in exceptional cases (the House of Lords in Great Portland Estates v. Westminster City Council [1985]).
In practice, government planning policy is often the most important material consideration other than the development plan. Government policy may also override the development plan if it has been both consulted on and published more recently.
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Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. The implementation of public policy is known as public administration. Public policy can be considered to be the sum of a government's direct and indirect activities and has been conceptualized in a variety of ways.
Best interests or best interests of the child is a child rights principle, which derives from Article 3 of the UN Convention on the Rights of the Child, which says that "in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration". Assessing the best interests of a child means to evaluate and balance "all the elements necessary to make a decision in a specific situation for a specific individual child or group of children".
Planning permission in the United Kingdom is the planning permission required in the United Kingdom in order to be allowed to build on land, or change the use of land or buildings. Within the UK the occupier of any land or building will need title to that land or building, but will also need "planning title" or planning permission. Planning title was granted for all pre-existing uses and buildings by the Town and Country Planning Act 1947, which came into effect on 1 July 1948. Since that date any new "development" has required planning permission.
Development communication refers to the use of communication to facilitate social development. Development communication engages stakeholders and policy makers, establishes conducive environments, assesses risks and opportunities and promotes information exchange to create positive social change via sustainable development. Development communication techniques include information dissemination and education, behavior change, social marketing, social mobilization, media advocacy, communication for social change, and community participation.
Scenario planning, scenario thinking, scenario analysis, scenario prediction and the scenario method all describe a strategic planning method that some organizations use to make flexible long-term plans. It is in large part an adaptation and generalization of classic methods used by military intelligence.
Land use planning is the process of regulating the use of land by a central authority. Usually, this is done to promote more desirable social and environmental outcomes as well as a more efficient use of resources. More specifically, the goals of modern land use planning often include environmental conservation, restraint of urban sprawl, minimization of transport costs, prevention of land use conflicts, and a reduction in exposure to pollutants. In the pursuit of these goals, planners assume that regulating the use of land will change the patterns of human behavior, and that these changes are beneficial. The first assumption, that regulating land use changes the patterns of human behavior is widely accepted. However, the second assumption - that these changes are beneficial - is contested, and depends on the location and regulations being discussed.
A development plan sets out a local authority's policies and proposals for land use in their area. The term is usually used in the United Kingdom. A Local Plan is one type of development plan. The development plan guides and shapes day-to-day decisions as to whether or not planning permission should be granted, under the system known as development control. In order to ensure that these decisions are rational and consistent, they must be considered against the development plan adopted by the authority, after public consultation and having proper regard for other material factors.
Development Management, formerly known as planning control, or development control, is the element of the United Kingdom's system of town and country planning through which local government or the Secretary of State, regulates land use and new building, i.e. development. It relies on a "plan-led system" whereby development plans are produced, involving various stages of public consultation prior to being adopted. Subsequently, development that requires planning permission, which is granted or refused with reference to the development plan as the starting point, then other material considerations are taken into account. The term "development management" is often abbreviated to DM.
The rational planning model is a model of the planning process involving a number of rational actions or steps. Taylor (1998) outlines five steps, as follows:
Intelligence cycle management refers to the overall activity of guiding the intelligence cycle, which is a set of processes used to provide decision-useful information (intelligence) to leaders. The cycle consists of several processes, including planning and direction, collection, processing and exploitation, analysis and production, and dissemination and integration. The related field of counterintelligence is tasked with impeding the intelligence efforts of others. Intelligence organizations are not infallible but, when properly managed and tasked, can be among the most valuable tools of management and government.
Market environment and business environment are marketing terms that refer to factors and forces that affect a firm's ability to build and maintain successful customer relationships. The business environment has been defined as "the totality of physical and social factors that are taken directly into consideration in the decision-making behaviour of individuals in the organisation."
Nationally significant infrastructure projects (NSIP) are major infrastructure developments in England and Wales that bypass normal local planning requirements. These include proposals for power plants, large renewable energy projects, new airports and airport extensions, and major road projects. The NSIP nomenclature began to be used in 2008, and since April 2012 these projects have been managed by the Planning Inspectorate.
Administrative law in Singapore is a branch of public law that is concerned with the control of governmental powers as exercised through its various administrative agencies. Administrative law requires administrators – ministers, civil servants and public authorities – to act fairly, reasonably and in accordance with the law. Singapore administrative law is largely based on English administrative law, which the nation inherited at independence in 1965.
Illegality is one of the three broad headings of judicial review of administrative action in Singapore, the others being irrationality and procedural impropriety. To avoid acting illegally, an administrative body or public authority must correctly understand the law regulating its power to act and to make decisions, and give effect to it.
Fettering of discretion by a public authority is one of the grounds of judicial review in Singapore administrative law. It is regarded as a form of illegality. An applicant may challenge a decision by an authority on the basis that it has either rigidly adhered to a policy it has formulated, or has wrongfully delegated the exercise of its statutory powers to another body. If the High Court finds that a decision-maker has fettered its discretion, it may hold the decision to be ultra vires – beyond the decision-maker's powers – and grant the applicant a suitable remedy such as a quashing order to invalidate the decision.
The failure of a public authority to take into account relevant considerations and the taking of irrelevant ones into account are grounds of judicial review in Singapore administrative law. They are regarded as forms of illegality.
South African environmental law describes the legal rules in South Africa relating to the social, economic, philosophical and jurisprudential issues raised by attempts to protect and conserve the environment in South Africa. South African environmental law encompasses natural resource conservation and utilization, as well as land-use planning and development. Issues of enforcement are also considered, together with the international dimension, which has shaped much of the direction of environmental law in South Africa. The role of the country's Constitution, crucial to any understanding of the application of environmental law, also is examined. The National Environmental Management Act (NEMA) provides the underlying framework for environmental law.
Strategic environmental assessment (SEA) is a systematic decision support process, aiming to ensure that environmental and possibly other sustainability aspects are considered effectively in policy, plan and program making. In this context, following Fischer (2007) SEA may be seen as:
R v West Sussex CC [2014] EWHC 4108 (Admin) is a UK enterprise law case, concerning oil and gas. It held that advice to a council, granting permission to explore an existing hydrocarbon lateral borehole, was not wrong.
R v SS for Environment, Transport and the Regions [2001] UKHL 23 is a UK constitutional law case, concerning judicial review.
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