Planning

Question 1

How does local authority decide to accept or reject application?

Answer 1

When deciding have to have regard to development plan and any other material considerations [S70 TCPA 1990]

Question 2

R (on the application of Friends of the Earth) v Heathrow Airport Ltd [2020] UKSC 52

Answer 2

paris agreement was not material consideration, since it was soft law.
material considerations are:
1) statutory duties
2) discretion of decision maker
3) contextual relevance to land use

Question 3

When do you have to ask for permission from LA?

Answer 3

s55(1)) as ‘the carrying out of building, engineering, mining or any other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land

Question 4

what did Finch say about material considerations?

Answer 4

indirect but foreseeable environmental impacts are material considerations in planning decisions.

Question 5

what did McLennon say about material considerations?

Answer 5

local environmental impacts, such as interference with renewable energy sources (solar pannels), must be considered in planning decisions.