15th November 2005, 02:22 PM
Not quite right, Mr Invisible. LPAs have to take all relevant 'material considerations' into account.
However, different considerations often conflict with each other, so they have to be balanced against each other. That means that the final decison may conflict with any individual material consideration, and this is perfectly legitimate as long as it was given due consideration and weight before the decision was reached.
I have recently spoken to a number of curators about this. Virtually all of them said that the local authorities were responsive to their advice, and they believed that if they recommended refusal of planning permission on archaeological grounds the authorities would usually go along with them. Interestingly, though, hardly any had ever recommended refusal because of archaeological impacts - only because of failure to provide necessary information (like evaluation reports). The authorities had nearly always backed them up on this.
1man1desk
to let, fully furnished
However, different considerations often conflict with each other, so they have to be balanced against each other. That means that the final decison may conflict with any individual material consideration, and this is perfectly legitimate as long as it was given due consideration and weight before the decision was reached.
I have recently spoken to a number of curators about this. Virtually all of them said that the local authorities were responsive to their advice, and they believed that if they recommended refusal of planning permission on archaeological grounds the authorities would usually go along with them. Interestingly, though, hardly any had ever recommended refusal because of archaeological impacts - only because of failure to provide necessary information (like evaluation reports). The authorities had nearly always backed them up on this.
1man1desk
to let, fully furnished