http://www.legislation.gov.uk/id/asc/2026/6

PART 3PLANNING PERMISSION

CHAPTER 6DEALING WITH APPLICATIONS

Determination of applications and conditions of planning permission

66General considerations relevant to determination of applications

(1)

In determining an application for planning permission or for approval of a reserved matter, a planning authority must—

(a)

have regard to the development plan for its area and any other relevant considerations, and

(b)

make its decision in accordance with the development plan unless other relevant considerations indicate otherwise.

(2)

The fact that a person has entered into a planning obligation or proposes to do so may be a reason for granting an application for planning permission only if the obligation is—

(a)

directly related to the development to which the application relates,

(b)

necessary to make the development acceptable in planning terms, and

(c)

fairly and reasonably related in scale and kind to the development.

(3)

(a)

section 404 (duty to have special regard to desirability of preserving listed building, its setting and any features of special interest);

(b)

section 160 of the Historic Environment Act (duty to have special regard to desirability of preserving or enhancing character or appearance of conservation area).