In determining how much risk any investor should take, one's "time horizon"—the ability to take risk — is a material consideration.
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Jonathan Zittrain: For knowing about what that next thing in the newsfeed should be, is it a valid desirable material consideration, do you think, for a platform like Facebook to say is the thing we are about to present true, whatever true means?
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Any consideration that relates to the use or development of land is capable of being a material consideration, but other circumstances such as personal hardship and fears of affected residents can be considered in exceptional cases (the House of Lords in Great Portland Estates v. Westminster City Council [1985]). In practice, government planning policy is often the most important material consideration other than the development plan. Government policy may also override the development plan if it has been both consulted on and published more recently.
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The register was developed from 1999, based on an inventory of over 700 sites complied in 1992. A series of ten inclusion criteria are applied, including the site's historic, horticultural, architectural and archaeological importance. The register includes 154 sites, together with 150 "supplementary sites". Registered sites are a material consideration in applications for planning permission.
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Neither she, nor advisers, considered liability for inheritance tax when they transferred the assets into a discretionary trust. Tax was charged after the husband’s death on the transfer. She made a claim to declare the settlement to be set aside, because she failed to take into account the tax consequences, a material consideration. She would not have done it if she had appreciated the situation.
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Unlike listed building status, there is no statutory basis for the Inventory, and inclusion of a site on the Inventory does not offer any legal protection. However, under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, planning authorities are required to consult Historic Environment Scotland on "development which may affect a historic garden or designed landscape".Historic Environment Scotland Policy Statement (2016) pp.24–26, para 2.77 This is confirmed in Scottish Planning Policy, and the inclusion of a site on the Inventory is a material consideration in planning terms.
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A material consideration, in the United Kingdom, is a process in planning law in which the decision maker when assessing an application for development must consider in deciding the outcome of an application. Material considerations in the past have included issues regarding traffic, wildlife, economic impacts and the historical interest of the area. In considering an application for development, decision makers often consult local development plans and Planning Policy Guidance Notes to determine the success of a proposal. Issues such as loss of a view, or effect on property values are not material considerations.
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The document advised that archaeological remains are a finite and irreplaceable resource and that their presence should be a material consideration in applications for new development. It accepted that development will affect archaeological deposits and that this effect must be mitigated. PPG 16 stressed the importance of the evaluation of a site for its archaeological potential in advance of development in order to inform future management decisions. This evaluation may involve non intrusive methods such as a desk-based study or archaeological geophysics and/or a more direct method such as trial trenching.
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The location of sites is often restricted due to planning issues and land availability. The location of potential sites may conflict with the desires of other development aims. Some local authorities introduce new schemes as part of wider developments by stipulating as part of the planning permission approval that a private developer may only proceed if they include a suitable scheme in their development proposals. The advent of Local transport plans enacted by the Transport Act 2000 in England has allowed park and ride usage to be a material consideration in planning matters in England.
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For the PWG Report's recommendation, see PWG Report at 17 ("insofar as transactions are subject to regulated clearing, the exclusion should not prohibit fungibility of contracts or require that creditworthiness be a material consideration.") Title I's biggest departure from the PWG Report recommendations was in extending most of the same exclusions to non-financial commodities that were not agricultural. These "exempt commodities" were, in practice, mostly energy and metal commodities. As discussed below in Section 4, these transactions were subject to the "anti-fraud" and "anti-manipulation" provisions of the CEA in some, but not all, circumstances.
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It is what sentence can be imposed under the > law, not what was imposed, that is the material consideration. When an > accused is in danger of an infamous punishment, if convicted, he has a right > to insist that he be not put upon trial, except on the accusation of a grand > jury. In upholding the Court of Appeals’ decision the Supreme Court again upheld a key finding of Wilson, noting that even the possibility of an infamous punishment (regardless of whether or not lesser punishments like fines were available) made the crime infamous, and required Fifth Amendment constitutional requirements to be met.
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The Campaign to Protect Rural England advises that Material Considerations are factors that will be taken into account when a decision on a planning application or appeal is reached. Under Section 38 of the Planning and Compulsory Purchase Act 2004, decisions on planning applications 'must be made in accordance with the [development] plan unless other material considerations indicate otherwise'. The courts ultimately decide what a material consideration is. However, case law gives local planning authorities a great deal of leeway to decide what considerations are relevant and how much weight should be given to them, each time they make a decision on a planning application.
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They each use a discretionary "plan-led system" whereby development plans are formed and the public consulted. Subsequent development requires planning permission, which will be granted or refused with reference to the development plan as a material consideration. The plan does not provide specific guidance on what type of buildings will be allowed in a given location, rather it provides general principles for development and goals for the management of urban change. Because planning committees (made up of directly elected local councillors) or in some cases planning officers themselves (via delegated decisions) have discretion on each application for development or change of use made, the system is considered a 'discretionary' one.
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Only some of these are judged to be important enough to have extra legal protection through designation. However, buildings that are not formally listed but still judged as being of heritage interest are still regarded as being a material consideration in the planning process. Mappin & Webb building was controversially demolished in 1994 to make way for No 1 Poultry, which was itself listed in 2016 As a very rough guide, listed buildings are structures considered of special architectural and historical importance whereas ancient monuments are of 'national importance' containing evidential values and can on many occasions also relate to below ground or unoccupied sites and buildings.
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Private covenants over land or anything regulated by other legislation are also incapable of being a material consideration in deciding a planning application. In deciding a planning application LPAs have a duty to start with the development plan and then have regard to all of the material planning considerations. However, while they cannot choose to simply ignore a relevant issue, provided they behave reasonably they are entitled to decide how much weight should be given to competing priorities. If planning permission is to be refused, or if enforcement action is to be taken against unauthorised development, then the LPA must give reasons in writing which show "demonstrable harm to interests of acknowledged importance".
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"Not commerce, which men have called the blood of nations, nor any other material consideration," she said, "but international peace, permanent peace, is the ultimate objective of international conferences of women, such as the PanAmerican Conference." In the conference on Traffic in Women, a hopeful note was sounded by the delegate from Panama, who presented clearly and in forceful terms, the spiritual aspect of the problem. Again at this conference Graciela Mandujano, of Chile, a student at Columbia University, spoke of the White Cross League, organized by women of her nation for protective work among girls. A high water mark in progress was reported by Aurora Herrera de Nóbregas, of the State of Tamaulipas, Mexico, with its budget of $3,000,000 for education.
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Planning Policy Statement 9: Biodiversity and Geological Conservation commonly abbreviated as PPS9, was a document produced by the British Government to advise Local planning authorities on planning policies for the protection of biodiversity and geological conservation through the planning system. This Planning Policy Statement was introduced in August 2005 and replaced Revised PPG 9: Nature conservation (published October 1994). PPS9 was reinforced and updated by Office of the Deputy Prime Minister (ODPM) Circular 06/2005: Biodiversity and Geological Conservation - Statutory Obligations and Their Impact Within the Planning System, also published by the British Government on 15 August 2005. Circular 06/2005 and PPS9 placed a clear duty on local planning authorities to ensure that protected species and habitats in the UK are a "material consideration" in the determination of a planning application.
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Jim likewise filed a petition with the Commission on Elections (COMELEC) to disqualify Akbar as a candidate, claiming his opponent employed three armed groups to harass him and ally Gerry Salapuddin in the leadup to the elections. (Salapuddin was running for governor, and was running against one of the three wives of Akbar.) "All these armed groups are now being funded and mobilized by respondent to harass, intimidate and coerce his political opponents like herein petitioner," Salliman said in his 10-page petition filed with the Comelec. He also accused Akbar "of having given material consideration, in order to influence, induce and, corrupt the voters such as when respondent gave through his designated ally P200,000 purposely to buy votes." Salliman claimed to have witnesses who executed affidavits to support his accusations against the herein respondent.
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" Simultaneously, the report found that colonizing the High Arctic, while before and after the relocation was important to Canadian national sovereignty, "[...] but that, in the period when the decision was taken, sovereignty was not in the minds of decision makers." Thus, in the eyes of the government, the maintenance of Canadian sovereignty through the High Arctic Relocation was a convenient by-product of what the report considers economic and social concerns. In the end, however, the report concluded that, "Even if sovereignty is assumed not to be a factor, this relocation was an inappropriate solution to the government's economic and social concerns. Sovereignty was, however, a material consideration, and the influence of sovereignty on the relocation serves only to reinforce the Commission's conclusions about the inappropriateness of the relocation.
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Government guidance (PPG 16 and SPP in Scotland) requires local authorities to consider archaeology a material consideration in determining planning applications and the SMR aids this consideration. While mentioned in guidance, there is no statutory requirement for local authorities to fund an SMR (although this was a provision in the England and Wales Heritage Protection BillNational Archives record for the Heritage Protection BillBill dropped) and there is great variety in implementation across the UK. Some SMRs are simple card indexes, others are command line Unix databases and others are more modern and GIS-based. They provide an enormously useful resource but are not always fully exploited or appreciated by the public. Efforts to place SMRs on-line have met with success in certain parts of Britain, although some archaeologists have voiced concern that making vulnerable sites better known to the public endangers them further, especially through illicit metal-detecting.
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Soon after, the commission gained the operating name of English Heritage by its first Chairman, Lord Montagu of Beaulieu. English Heritage commemorative plaques conference, 2010. English Heritage began administering the London Blue Plaques in 1986. A national register of historic parks and gardens, (e.g. Rangers House, Greenwich) was set up in 1984,Historic Buildings and Monuments Commission for England: "Report and Accounts 1983–1985" p26 and a register for historic battlefields (e.g. the Battle of Tewkesbury) was created in March 1995.English Heritage Annual Report and Accounts "Working in Partnership" 1994/1995 p 6 & 41 'Registration' is a material consideration in the planning process. In April 1999 English Heritage merged with the Royal Commission on the Historical Monuments of England (RCHME)Conservation Bulletin, Issue 35, April 1999 and the National Monuments Record (NMR), bringing together resources for the identification and survey of England's historic environment.
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