Draft Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026
(Limited Text - Ministerial Extracts only)
Read Full debateThe Committee divided: - Ayes: 11 / Noes: 4 - Question accordingly agreed to.
The Minister for Housing and Planning (Matthew Pennycook)
I beg to move,
That the Committee has considered the draft Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026.
It is a pleasure to serve with you in the Chair, Sir Desmond. The regulations were laid before the House on 1 June and, following a minor correction, re-laid on 8 June.
In considering this instrument today we are not debating the principle of modernising planning committees. The enabling powers for these regulations are contained in the Planning and Infrastructure Act 2025, which was subject to extensive scrutiny by both Houses and approved by them. Before I turn to the detail of the regulations, it is important to set out the extensive consultation and engagement that we have undertaken on these measures.
As Committee members may recall, the commitment to improve local planning decision making by modernising planning committees was made in the King’s Speech 2024. Following that announcement, we published a planning reform working paper on planning committees that set out a range of proposals, including three options in respect of a national scheme of delegation designed to bring greater standardisation over the operation of committees and give greater certainty to applicants. Taking into account the valuable feedback we received to that working paper, three measures were introduced to the Planning and Infrastructure Act. The first gives a new power to the Secretary of State to set out which planning functions should be delegated to planning officers for a decision, and which should instead go to a planning committee or sub-committee. The second gives a new power to the Secretary of State to control the size and composition of planning committees. The third imposes a new requirement for members of planning committees to be trained and certified in key elements of planning law and policy.
During the course of the Act’s progress, we undertook a public consultation on detailed proposals in respect of the three measures. Our response to that consultation committed the Government to introduce, through regulations, a two-tier national scheme of delegation to set a maximum cap for planning committees of 13 members, and to undertake further stakeholder engagement with a view to designing a creditable and cost-effective system for training committee members.
As required by the Act, a further statutory consultation on the draft regulations for the national scheme of delegation and cap on committee size and associated guidance was undertaken earlier this year. The Government response confirmed that some changes would be made to the regulations as a result of feedback received, including imposing a size threshold in relation to reserved matters applications, which would determine whether they are in schedule 1 or 2. The result is the draft regulations before us. It is the Government’s considered view that they are integral to driving up rates of house building, and that they will improve, not undermine, the vital role played by planning committees.
As I was at pains to stress throughout the passage of the Act, the Government recognise the essential role that planning committees play in ensuring that decisions about what to build and where are shaped by local communities and reflect the views of local residents. However, in providing essential local democratic oversight of planning decisions, we are determined to ensure that planning committees operate as effectively as possible, focusing on larger and more complex applications that require member input and not revisiting the same decisions.
I reiterate that these regulations do not alter in any way existing requirements to consult on planning applications, the right of residents and elected councillors in any given local planning authority area to submit representations and make objections in respect of planning applications, or the fact that any such comments must be taken into consideration when determining applications, regardless of the decision maker. They are instead designed to ensure that planning committees function effectively, and that they are focused on the development proposals that matter most to an area, rather than spending time on minor or technical applications that can be efficiently determined by expert planning officers, bound by strict requirements in the way they make decisions on applications.
The principle of schemes of delegation is, of course, uncontested. At present, every local planning authority has its own scheme of delegation to identify the circumstances in which planning decisions are taken by planning committees rather than delegated to officers. Most local planning authorities already delegate a significant proportion of applications to such officers, such that 96% of planning decisions in England are already not made by planning committees. The problem is that there is significant variation across the country, and this creates risk and uncertainty in the system. For those reasons, we are introducing the national scheme of delegation. It will provide greater consistency and certainty across England about who in a local planning authority will be responsible for making planning decisions.
Let me briefly explain how the national scheme of delegation will work. It categorises planning applications into two types: those that must always be delegated to planning officers, as set out in schedule 1; and those that may, subject to a gateway test, be referred to a planning committee, as set out in schedule 2. The types of applications that must be determined by an officer include applications for minor residential development, that is schemes of fewer than 10 dwellings; minor commercial development; householder development; and reserved matters applications from proposals where the outline planning permission is for fewer than 500 dwellings. The types of application that fall into schedule 2 include larger applications for planning permission not set out in schedule 1, reserved matters applications where the outline permission is for more than 500 dwellings, and listed building consent applications.
We anticipate that, in many circumstances, schedule 2 applications will continue to be routinely delegated to officers, as is already the case across the country. However, councils can decide to take them to committee if they feel it would be appropriate. To do so, the application must meet the requirements of the gateway test. It will be the responsibility of a nominated officer, usually the chief planner or equivalent, and a nominated member, usually the chair of the committee, to determine whether an application meets those criteria.
The gateway test will operate as follows. Applications will be determined by a planning officer unless the nominated officer and member agree that it meets at least one of the following criteria: where the application raises an economic, social or environmental issue of significance for the local area; or where it raises a significant planning matter, having regard to the development plan and any other material considerations.
We recognise that for applications involving a local authority itself, or an officer or member of that authority, there may sometimes be cases where, in the interests of transparency, committee scrutiny is merited. To allow for that, we have provided in the regulations that such applications, regardless of whether they would fall into schedules 1 or 2, can be referred to committee with the agreement of the nominated officer and nominated member, even if they do not meet the specific criteria.
To support local planning authorities in implementing the national scheme of delegation, and to ensure a consistent approach, we have published statutory guidance that they must have regard to. We have also asked the planning advisory service to provide support and training to both the officers and the members of local planning authorities in implementing the new approach to the operation of the delegation of decision making. As I mentioned, we are also placing a cap on the number of members who can sit on a planning committee. That is intended to allow committees to have more focused and higher quality debates. The cap has been set at 13 members, to accommodate those local planning authorities that have members from multiple political parties to ensure appropriate representation.
To conclude, planning is and will remain principally a local activity because decisions about what to build and where should be shaped by local communities and reflect the views of local residents. That is why the Government are determined to ensure that every area has an up-to-date local plan developed through resident engagement, and it is why we remain firmly of the view that planning committees have an integral role to play in providing local democratic oversight of planning decisions. It is, however, vital that in exercising that democratic oversight, planning committees operate as effectively as possible, focusing on those applications that require member input and not revisiting the same decisions.
As I made clear at the outset of my remarks, we have undertaken extensive consultation and engagement on these measures. We published an initial working paper. We held two rounds of public consultation and various roundtables and events, including with local authority officers, chairs of planning committees, house builders and sector bodies. Some of those events were led by the planning advisory service on behalf of the Department. We have listened and given careful consideration to the wide range of views expressed by those who have an interest in the matter. Those views and existing best practice across the country have informed the regulations. I hope that hon. Members agree that the changes we seek to make are a reasonable and proportionate means of improving the quality and speed of decision making in local planning authorities. I commend the regulations to the Committee.
Matthew Pennycook
I knew that this instrument would provoke strong feelings, and it has done so, but I very much welcome the scrutiny provided by hon. Members and the considered contributions they have made.
The first thing to say is that a principled case has been advanced—as it was during the Planning and Infrastructure Bill—from members of the Committee who do not believe that a national scheme of delegation is warranted in any way. We have heard some of those arguments today, but, quite frankly, the time for those arguments has passed; the Act containing the enabling powers for these regulations passed both Houses after extensive scrutiny. We are talking about the form that the regulations take in implementing the national scheme of delegation, and we have undertaken extensive consultation and engagement to try to get the balance right in terms of the two-tier system we are introducing.
The shadow Minister, the hon. Member for Orpington, put a number of questions to me. The first touched on the rationale for the regulations in a fundamental way. As I said, we recognise the important role that planning committees play in ensuring local democratic oversight, and they will continue, once the regulations have passed—if they pass—to play a crucial role in planning decision making in the future. Across the country, we have a plethora of local schemes of delegation with huge variation, and that postcode lottery of schemes of delegation creates uncertainty. It slows down the planning system in important respects, which is why these regulations are required. We have made a raft of changes through our reforms to the planning system and are introducing a new system to bring forward local plans quicker.
The hon. Member for Broxbourne mentioned the importance of local plans, and I absolutely agree with him. It is a travesty that we inherited a system with such low local plan coverage that was up to date. We have made concerted efforts, as he knows, to try and drive up coverage of local plans across the country, to introduce a more rules-based national planning policy framework and to resource planning authorities to ensure that they can do the job they need to. Planning committees will continue to play a vital role in exercising democratic oversight, but we have to ensure that they are operating as effectively as possible and are focused on larger, more complex applications where member input is required.
The Government trust expert planning officers. The question for us is finding the right level of trust and empowerment to allow them to resolve the applications that we propose to put in schedule 1 of the regulations more quickly in the service of residents and businesses. Only 5% of minor residential development applications are determined by committee, but that 5% adds a lot of time to what are, when it comes to residential development for example, quite minor applications. Local input in planning decisions will continue to be incredibly important, including from elected representatives. We believe that the best way for councillors and communities to engage in development is through the local plan process; that is the point at which local councillors can ensure that the local policies that planning officers would have to follow in respect of schedule 1 applications are in place. The changes we are making through the national scheme of delegation will support that plan-led system. They will ensure that planning committees operate as effectively as possible by focusing, as I have said, on those major decisions.
We recognise that some planning applications are potentially complex or controversial. That is why we have created a framework where schedule 2 applications can go to committee for consultation when additional scrutiny is necessary. For example, schedule 2 includes listed building consent applications. In the vast majority of cases, we would expect those to be delegated to officers without any consequence, but there will always be a few cases that raise more significant issues and where members will want to take a view. Where a controversial development is proposed that has not been planned for, councillors can still play a key role in representing the voices of their constituents.
I absolutely refute the Liberal Democrat spokesman’s argument that the regulations completely remove the role of councillors or cause the death of local democracy, as he sought to portray it. Local people will still be able to make representations on individual developments through the application process. Local councillors will be able to submit their views or objections, and, as the hon. Member knows because of his experience in the planning service, those concerns must be taken into account when, in the case of schedule 1 applications, the officer is reaching a decision. We are not changing anything in that respect.
Gideon Amos
The Minister is being generous in giving way. As he knows, we fundamentally disagree with these proposals. He has just illustrated the point that councillors will be reduced to the same role as members of the public: they may make representations, but that is it.
Matthew Pennycook
And we think that is right on schedule 1 applications. They are a very different proposition from schedule 2 applications, which we think members should be able to take a view on through the gateway test.
Lewis Cocking
The Minister mentions local plans and schemes of delegation. If a developer comes forward with a planning application that is not allocated within the local plan, how will that be dealt with? Will it be deal with through schemes of delegation, or would it automatically go to committee?
Matthew Pennycook
That is a fair question. As I set out in my opening remarks, if such an application were to meet the conditions in schedule 2, it would go in front of the chief planning officer, in most instances, and the chair of the planning committee, and a gateway test would determine whether it meets the criteria that I have set out. If it does, the local authority can put the decision in front of elected members, as happens now with an officer recommendation, so we are not changing that. I have listed the types of application that fall under schedule 1: minor residential development under 10 units, minor commercial development and so on. There might be a principled difference of opinion here, which I respect, but we do think that expert planning officers should be able to take decisions on those matters.
The hon. Member for Orpington challenged me on the impact of the fact that 96% are already not determined by committee. In a sense, he was saying, “What’s the point of these regulations, given that we have local schemes of delegation doing the job?” As highlighted in the impact assessment for these reforms to the Planning and Infrastructure Act, we expect these reforms to have a small but positive impact on the delivery of housing in this Parliament. We have never suggested that they are a silver bullet for all the issues that we face in the planning system. The Act’s impact assessment covered a number of options, including our lead option of delegating when applications are in line with local plans. We explored that issue, but the regulations take a more structured approach to delegating along the lines of application type, so we need to update the assessment to reflect that.
We recognise that only approximately 4% of decisions are made by committees at present, but that percentage represents a substantial proportion of total units in the planning process because many major applications go to planning committee for consideration. Under the circumstances that we have outlined for the gateway test, they might not necessarily do so as they might not meet those criteria. Streamlining the planning process will make a meaningful contribution to the delivery of much-needed housing and sustainable communities.
Gareth Bacon
The Minister is being very generous in giving way. I understand his point that the 4% of applications contain a significant number of units, but does he have a figure for that? How many extra units will be granted planning permission as a result of this change?
Matthew Pennycook
I refer the hon. Gentleman to the comments that I have just made. The impact assessment for the Act was published on the basis of a particular scenario, which we have modified. We need to update the impact assessment and we will do so in due course so that he has a better sense of the impact.
The impact is tangible and real, in terms of what can go through schedule 2. We also anticipate that it will mean less time and resource spent on preparing for committee meetings for smaller applications in schedule 1, so it will speed up the decision-making process more broadly and free up important officer time to focus on larger applications that have a real impact on housing delivery.
Several hon. Members mentioned councillors’ ability to call in applications, which we are removing. The regulations do not require local authorities to put every schedule 2 application through the gateway test. It will be for individual local planning authorities to put in place their own arrangements for how the consideration of cases for referral to committee will operate in practice. In other words, it will be open to individual LPAs to triage their schedule 2 applications in ways that are appropriate for them so that only certain schedule 2 applications are considered by the nominated officer and member. Under those arrangements, it would be open to a local planning authority to include a mechanism for councillors to ask for applications that fall under schedule 2 to be considered under the gateway test, and if they meet that test they can be looked at by committee.
Chris Hinchliff
Is that not potentially reintroducing the same level of discretion and difference across the country if local planning authorities choose to use those powers in different ways?
Matthew Pennycook
I do not believe so, because local planning authority schemes must adhere to planning regulations and meet the gateway test—in the sense of what can pass a committee—and the statutory guidance to which they must have regard. In a sense, we want to ensure that applications passing through the gateway and considered by committees are larger, complex and more controversial cases, and that less significant applications are determined by planning officers.
That leads me to the legal obligations on officers. In a sense, the question has been put to me, “Can we trust local planning officers to make these decisions?” I must make it clear that officers working for local authorities are bound by strict requirements in the way they make decisions on applications. They must, by law, take all material considerations into account, including relevant parts of a local plan—that is why having an up-to-date local plan in place is so significant—and national planning policy. The law also requires their decisions to be rational. Planning officers’ actions must adhere to codes of conduct, be they those of the local planning authority or of the professional institutes to which they belong. Taken together, we think that these measures provide strong safeguards to underpin the integrity of decisions.
Lewis Cocking
The Minister is being very generous with his time. How can the public deal with planning officers who get it wrong? At the moment, if a planning committee gets it wrong, the public can go out to the ballot box and vote for someone else. They cannot do that with planning officers who make the wrong decisions.
Matthew Pennycook
Planning officers routinely make decisions without applications going to committee. We trust them to do so; they are bound by the requirements that I have just set out.
The hon. Member touches on a point that I was going to come to. It is important to ensure that we have a highly skilled planning profession and the right training and support in place for officers. We are investing in good decision making by planning officers in councils across the country. The hon. Gentleman will know that the Department has a planning capacity and capability programme that provides a broad range of support covering recruitment, skills, development, training and funding to ensure that local planning authorities have the capability and capacity that they need. Our approach to supporting planning recruitment and skills is deliberately demand-led, allowing local planning authorities to deploy support in line with their specific pressures. As he will know, councils have the flexibility to use support to recruit specialist skills or to upskill existing staff.
To ensure that I respond to all questions, I will make two final points. The shadow Minister, the hon. Member for Orpington, asked about instances in which the local authority is the decision maker or a local authority member is involved. I addressed that in my opening remarks, but it is worth clarifying again. We recognise that, for applications involving a local authority or an officer or member of that authority, committee scrutiny is merited in some cases, in the interests of transparency. To allow for that, we have provided in the regulations that such applications, regardless of whether they fall into schedule 1 or schedule 2, can be referred to committee with the agreement of the nominated officer and nominated member, even if they do not meet the specific criteria.
Finally, my hon. Friend the Member for Milton Keynes North made a powerful speech in support of the regulations. However, he asked how we determined which types of application fall into schedule 1. On the specific question of minor residential development, we took that as the appropriate threshold because, unlike in policy, in legislation—the Town and Country Planning (Development Management Procedure) (England) Order 2015—there is a distinction between minor and major development. With “minor development” being under 10 units, we thought that that was the appropriate level to set when it comes to residential developments. Commercial and housing development also falls into schedule 2.
Importantly, a key addition that we made to the regulations following consultation was the requirement for the regulations to be reviewed within two years of their coming into force. That will give us the opportunity to monitor their implementation and identify any issues or unintended consequences resulting from particular types of application placement. That review will take place by 31 October 2028.
Notwithstanding the range of issues and considerations that we have discussed, let me draw the Committee back to what the regulations seek to achieve. They are about improving the quality and speed of decision making so that the housing and growth that local communities want—and desperately need in many cases—can be delivered more quickly. I commend the regulations to the Committee.