ABSTRACT
Most forms of development (as statutorily defined) are subject to the prior approval of the local planning authority, though certain categories are excluded from control because they are thought to be trivial or beneficial. Those seeking approval must submit application for planning permission to the local planning authority (LPA). Legislation gives considerable discretion to the local planning authority in granting permission, although decisions must be made in accordance with the development plan unless material considerations indicate otherwise. Few matters are excluded as potential material considerations. Since 1989 more significance has been given to the development plan in decision-making, such that it is the first and primary point of reference. Nevertheless, the planning authority can approve a proposal that does not accord with the provisions of the plan, and in practice it will not provide definitive guidance on many applications for development. The development plan may also be out of date or superseded by other guidance or considerations. The discretion of decision-makers at the time the application is made for approval is a
hallmark of planning in the UK. In most other countries, the decision is effectively made with the adoption of the plan.
