Law Sample Essay Excerpt 3135 with FootnotesFor those of you who have never written a law essay Beforehand, please note that in law essays, footnotes appear at the bottom of each page. Here is an excerpt from a student's response to a question posed a few years ago. THE DECISION-MAKING PROCESS The backbone of planning control is section 57(1) of the Town and Country Planning Act 1990, which states that "planning permission is necessary for the implementation of any land development. S.55(1) TCPA 1990 gives us the statutory definition of “development”, “the carrying out of construction, engineering, mining or other operations on, on, over or under the land, or the making of any material change in the use of any building or other land. In deciding whether to authorize such a development, the decision-maker must take into account art. 70(2) TCPA 1990, which states that “the authority must have regard to the provisions of the development plan, to the extent that they are material to the application, and any other important considerations.” » The status of the plans was improved by section 54A of the TCPA 1990, now repealed by section 38(6) of the Planning and Compulsory Procurement Act 2004, which provides that "the decision[d] 'an application] must be taken in accordance with the plan unless material considerations indicate otherwise. The material considerations are numerous and varied. As stated in the case of Stringer v Minister of Housing and Local Government, “any consideration relating to land use and development may constitute a planning consideration”. National planning policy is a particularly important material consideration. A decision maker has the discretion to weigh all factors as he or she sees fit, although a decision is questionable if it fails to consider a relevant factor...... middle of document...... historic nature and features of listed buildings but are generally supportive of the conversion of Highgates. Horse-nosed bats are a protected species under Schedule 5 of the Wildlife and Countryside Act 1981 and the Conservation (Natural Habitats etc.) Regulations 1994. E14 and E18 emphasize the importance of wildlife protection and the latter refers specifically to the WCA 1981. E1 is also relevant, as such development (if granted) would preserve historic heritage. PPG15 is particularly important: “In general, the best way to maintain historic buildings is to keep them in use… The best use will very often be the use for which the building was originally designed. He goes on to state: “It is rarely impossible to achieve a fair balance between the special interest of a listed building and proposed alterations…, so reasonable flexibility and flexibility is required.