Material planning considerations for neighbours

Where development plan policies are material to an application for planning permission, the decision must be taken in accordance with the development plan unless material considerations indicate otherwise. A material planning consideration is one that is relevant to the planning decision in question. Planning is concerned with land use in the public interest, rather than the protection of purely private interests. Provided regard is given to all material considerations, the decision maker decides what weight to give them in each case.

Public and private interests

Government guidance identifies the effect of development on a neighbouring property's value and loss of private rights to light as examples of interests that could not be material considerations. Government guidance describes these as purely private interests, while planning is concerned with land use in the public interest.

Loss of light, rights to light and property values

Dorset Council lists loss of light or overshadowing among the impacts that can be material considerations. Government guidance separately identifies loss of private rights to light as a purely private interest that could not be a material consideration. Dorset Council also says it cannot consider the effect of development on property values.

For a practical example of recording a light or privacy concern, see Overlooking and loss of light in planning comments.

Dorset Council's examples of relevant impacts

Dorset Council says its examples of material considerations include, but are not limited to, the following impacts.

  • Dorset Council includes overlooking, loss of privacy, loss of light and overshadowing.
  • Dorset Council includes building layout and density, as well as design, appearance and materials.
  • Dorset Council includes effects on listed buildings and conservation areas, nature conservation and loss of trees.
  • Dorset Council includes road safety, access, car parking and traffic generation.
  • Dorset Council includes flood risk, noise, disturbance and odour.

Issues excluded by Dorset Council

Dorset Council also identifies issues that it cannot consider.

  • Dorset Council cannot consider loss of a private view.
  • Dorset Council cannot consider the effect on property values.
  • Dorset Council cannot consider breaches of restrictive covenants and personal property rights.
  • Dorset Council cannot consider a developer's motives, record or reputation.