Sample Law Essay Excerpt 3135 with FootnotesFor those of you who have never written a law essay before, please note that, in law essays, footnotes appear at the foot of each page. Here is an excerpt of a student's response to a question posed a few years ago. DECISION MAKING The backbone of planning control is section 57(1) of the Town and Country Planning Act 1990, which states: “planning permission is required for the carrying out of any development on land”. S.55(1) TCPA 1990 gives us the statutory definition of 'development', "the carrying out of construction, engineering, mining or other operations on, over or under land, or the making of any substantial change in the use of any buildings or other land." To decide whether to allow this development the decision maker must take into account the art. 70(2) TCPA 1990, which states: “the authority must take into account the provisions of the development plan, so far as they are relevant to the application, and any other material considerations”. The status of plans was improved by section 54A of the TCPA 1990, now repealed by section 38(6) Planning and Compulsory Purchase Act 2004, which states that "the determination [of an application] must be made in accordance with the plan unless material considerations indicate otherwise.” As stated in Stringer v Minister of Housing and Local Government, “any consideration relating to land use and development may be considered a planning consideration.” National planning policy is a particularly important material consideration. The decision maker has the discretion to first weigh all factors as he or she sees fit, although a decision is open to challenge if it fails to take into account a relevant factor... at the heart of the document. ... historic nature and characteristics of the listed buildings but generally favor the conversion of Highgates. Horseshoe bats are a protected species under Schedule 5 of the Wildlife and Countryside Act 1981 and also the Conservation (Natural Habitats, etc.) Regulations 1994. E14 and E18 highlight the importance of protecting wildlife and the latter specifically refers to the WCA 1981. E1 is also relevant, as such a development (if granted) would preserve the historic heritage. PPG15 is of particular importance: “In general, the best way to ensure the maintenance of historic buildings is to keep them in use… The best use will very often be the use for which the building was originally designed.” It goes on to state: “Achieving the right balance between the special interest of a listed building and proposed alterations… is rarely impossible, if reasonable flexibility and