Commentary Part 6: Planning Chapter 7: Other planning matters Section 143: Applications for planning permission: local finance considerations
369.Section 143 amends section 70(2) of the Town and Country Planning Act 1990 which sets out the matters to which regard is to be had when determining a planning application. The new subsection (2)(b) expressly mentions certain matters that have previously fallen within the reference to “any other material considerations”. These matters are “local finance considerations” (a phrase which is defined in a new subsection (4)), in so far as they are material to the application.
370.The new provision applies to England only. Subsection (5) clarifies that the amendments made to section 70 of the Town and Country Planning Act 1990 do not alter whether (under subsection (2) of that section) regard is to be had to any particular consideration, or the weight to be given to any consideration to which regard is had under that subsection. It will remain for the decision-maker, such as the local planning authority, to decide the weight to be given to each material consideration in the context of each application. The amendment is clarificatory, making it clear to decision-makers (without the need to consult case law) that local finance considerations are capable of being taken into account when determining a planning application – in so far as they are material to the application.