In planning law, “weight” refers to the influence or importance a decision-maker (officer or committee) gives to:
- Policies
- Material considerations
- Consultation responses
Key Types of Weight
1. Statutory Consultees
- Their views are a material consideration.
- Objections by statutory consultees (like the Environment Agency, Highways, or Natural England) carry substantial weight.
- Case law (e.g., Bushell v Secretary of State for the Environment [1981]) confirms that technical expert opinions are critical, and if dismissed, the reasoning must be robust and well-documented.
- A planning authority must not ignore a statutory consultee’s objection unless it has strong, evidence-based reasons.
2. Non-Statutory Consultees and Public Comments
- These can carry moderate to limited weight, depending on:
- Whether they raise material planning issues.
- Whether they are substantiated by evidence.
- Whether they reflect local policy or are merely opinion-based.
- Volume of objections does not automatically equate to greater weight unless it reflects material planning harm.