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Linda Boateng
Carla Masili
The government’s long awaited National Scheme of Delegation will come into force on 31 October 2026 introduced by the Planning and Infrastructure Act 2025 and the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 (the 2026 Regulations).
The government’s key priority is to ensure that greater consistency exists across the Country about the role of planning committees. The intention is that elected members focus on determining applications for complex major developments within their area.
The 2026 Regulations apply to all Local Planning Authorities (“LPA”) except development corporations, Homes and Communities Agency, National Park Authorities and the Broads Authority. They also apply to mineral planning authorities.
The changes include;
- Referrals to committee being decided by a nominated member (usually the chair of the planning committee) and nominated officer (the chief planning officer of equivalent);
- A two-tiered system of decision making;
o a mandatory requirement for “Schedule 1” applications being delegated to officers (subject to exceptions stated below); and
o a presumption that “Schedule 2” applications should be delegated to officers unless the requirements in Regulation 5 (3) apply
- the removal of member call-in and public referral powers
These are typically minor applications and include;
- householder development
- minor commercial development
- minor residential development (which includes development of up to nine dwellings on sites below 0.5 hectares)
- section 73 applications where the related planning permission was a Schedule 1 planning permission
- reserved matters approval where the outline planning permission is for fewer than 500 dwellings or less than 50,000 square metres of floorspace
- discharge of conditions
- prior approval applications
- permission in principle
- non-material amendments
- section 106A applications where a planning obligation is connected to a Schedule 1 planning permission
- Biodiversity Gain Plans
- Certificates of Appropriate Alternative Development
- Certificates of lawfulness of existing or proposed use or development, and certificates of lawfulness for proposed works to listed buildings
An application which would otherwise fall within Schedule 1 must be treated as a Schedule 2 Application;
- Where the LPA considers that the Schedule 1 application for planning permission is connected to a Schedule 2 application for listed building consent, or to an application for the variation or discharge of a condition attached to listed building consent;
- Where an application would otherwise fall within Schedule 1 but is made under section 73A of the Town and Country Planning Act 1990 (a retrospective application);
- Where an application would otherwise fall within Schedule 1 but is made by or on behalf of the LPA, a member or officer of the LPA or an entity owned or controlled (whether wholly or partly) by the LPA or its members or officers (own interest applications).
The nominated member and nominated officer may agree to refer an application to committee where they agree that the application concerns:
a) one or more issues of economic, social or environmental significance to the local area, or
b) one or more significant planning matters having regard to the development plan and any other material considerations.
These applications include:
- planning applications which are not householder, minor commercial or minor residential applications
- section 73 applications where the related planning permission was a Schedule 2 planning permission
- reserved matters applications relating to large outline permissions (500+ dwellings or 50,000+ square metres of floorspace)
- section 106A applications where a planning obligation is connected to a Schedule 2 planning permission
- listed building consent (LBC) applications (including variation or discharge of conditions on an LBC, and S73 applications on planning applications connected to LBC applications)
- advertisement consents
- tree preservation order consents
In accordance with Regulation 5 of the 2026 Regulations, a Schedule 2 application will only be referred to a committee if both the nominated officer and the nominated member agree that the application raises one or more of the criteria set out in Regulation 5(3).
If the nominated officer and nominated member fail to agree on the need for the referral, the application must be determined by the nominated officer.
Regulation 7 provides that any committee determining an application pursuant to these Regulations may have a maximum of 13 members.
Any mandatory Schedule 1 application which is determined by a planning committee would be vulnerable to legal challenge and potentially quashed if found unlawful. The changes give more powers to planning officers with the aim of making more consistent decisions. However, critics argue that the changes interfere with the principle of transparent decision-making. They argue the changes also restrict members’ ability to fairly represent their constituents. At least three councils have recently refused to amend their constitutions against officer recommendation.
That decisions in respect of Schedule 1 applications and some Schedule 2 applications are removed from elected member and public influence and it is hoped those decisions will be made faster. In turn this should speed up the delivery of development.
As always, time will tell whether there are any noticeable benefits and we will await the outcome of the Secretary of State’s review of the 2026 Regulations by 31st October 2028.
If your authority requires assistance with amending your constitution by the deadline, lawyers at Capsticks would be delighted to assist.
Linda Boateng, Principal Associate, Capsticks Linda.Boateng@capsticks.com
Carla Masili, Trainee Solicitor, Capsticks Carla.Masili@capsticks.com
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