Is this a material planning consideration?!
As planners we will be asked this in the near future as buildings apply to have their discredited cladding replaced and proposals for tall buildings will come under scrutiny from Members and stakeholders who will ask "is it safe"? My view is straightforward - it isn't a planning consideration as it is covered by the Building Regulations. I sought confirmation from DCLG but unhelpfully (in my view) they told me:
The question on whether fire safety is a planning material consideration is a matter for the decision taker. As stated in our Planning Practice Guidance, a material planning consideration is one which is relevant to making the planning decision in question – that is whether to refuse or grant planning permission. What constitutes a material consideration is not defined by statute, as what may be considered a material planning consideration will vary on a case-by-case basis.
I don't agree with this as we often advise Committee Members not to get involved with a certain issue because it isn't a planning issue, and I would include fire safety in that category, although clearly the relevant legislation (Building Regulations) needs to be tightened up.
What are the views out there and what has been your experience to date with this issue?
