Do you need Planning Permission?   Use the East Riding of Yorkshire Council’s self assessment tool and enquiry system by clicking here.

Do you want to comment on a local planning application? You can access the public access planning portal by clicking here.

How must decisions on applications for planning permission be made?

The decision must be taken in accordance with the development plan unless there are material considerations that indicate otherwise (these provisions also apply to appeals).

Material considerations are many and extraordinarily varied.  They include all the fundamental factors involved in land-use planning, such as:

  • the number, size, layout, siting, density, design and external appearance of buildings,
  • the proposed means of access,
  • landscaping,
  • impact on the neighbourhood, and
  • the availability of infrastructure.

Examples of other factors that may be taken into account as material considerations in the decision making process include:-

  • Planning history of the site, in particular any ‘fall-back’ position
  • Overshadowing
  • Overlooking and loss of privacy
  • Adequate parking and servicing
  • Overbearing nature of proposal
  • Loss of trees
  • Loss of ecological habitats
  • Archaeology
  • Contamination by a previous use
  • Effect on Listed Building(s) and Conservation Areas
  • Access and highways safety
  • Traffic generation
  • Noise and disturbance from the scheme
  • Disturbance from smells
  • Public visual amenity
  • Flood risk
  • Planning gain
  • Alternative available sites

Examples of factors that cannot normally be considered as material planning considerations are:-

  • Loss of value to an individual property
  • Loss of a private individual’s view
  • Boundary disputes, incl. encroachment of foundations or gutters (Party Wall Act, etc)
  • Private restrictive covenants or agreements
  • The applicant’s personal conduct or history
  • The applicant’s personal circumstances (only in very exceptional circumstances where strong compassionate or other personal grounds are demonstrated)
  • The applicant’s motives
  • Potential profit for the applicant or from the application
  • Private rights to light
  • Private rights of way
  • Damage to property
  • Loss of trade to individual competitors
  • Age, health, status, background and work patterns of the objector
  • Time taken to do the work
  • Building and structural techniques (Building Act, etc)
  • Matters covered by other statute (e.g. Highways legislation)
  • Alcohol or gaming licence