Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 Debate

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Department: Ministry of Housing, Communities and Local Government

Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026

Baroness Eaton Excerpts
Tuesday 30th June 2026

(1 month, 2 weeks ago)

Lords Chamber
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Baroness Eaton Portrait Baroness Eaton (Con)
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My Lords, I declare my interest as a vice-president of the Local Government Association. I am pleased to support the amendment moved by my noble friend Lord Jamieson. Having spent many years in local government, including as chair of the Local Government Association, I want to make one simple point. While councils support the objective of improving the speed and efficiency of the planning system, they are concerned that these regulations risk doing so at the expense of local democratic accountability.

The Government have long argued that power should be devolved from Whitehall to local communities, yet these proposals move in the opposite direction by reducing the role of democratically elected local representatives. If the Government claim to believe in devolution and the northern powerhouse, then decisions about the future of northern towns and villages should remain with those elected by the people who live there.

The Local Government Association made this point clearly during the Government’s consultation. It recognised the case for reform but warned that a highly standardised national scheme of delegation does not reflect the diversity of planning authorities across England. A rural unitary authority, a metropolitan borough and a district council face very different planning challenges, and councils retain the flexibility to organise their planning committees and decision-making processes in ways that reflect the needs of their local communities.

I am particularly concerned by the removal of councillors’ ability to call applications before a planning committee. Call-in powers are not there to delay development. They provide an important democratic safeguard where an application raises significant local concern, complex planning issues or substantial public interest. The LGA recommended that an effective call-in mechanism should remain alongside the new gateway test. I regret that the Government have not accepted that recommendation.

The gateway test itself gives me cause for concern. If the nominated officer and the nominated member cannot agree that an application should come before the committee, it is automatically delegated to an officer. That default position seems the wrong way round. Where there is genuine disagreement, there should surely be a mechanism that allows democratic scrutiny rather than automatically bypassing it.

Finally, I question the decision to prescribe planning committee sizes through legislation. The Local Government Association has rightly pointed out that there is little evidence that committee size determines effectiveness. What it can affect is political balance and geographical representation, particularly as councils may become larger through local government reorganisation. Guidance would provide far greater flexibility than a statutory cap. Our councils are not resisting reform. They simply ask that the reform respects local democracy and recognises that one size does not fit all. For these reasons, I am pleased to support my noble friend’s regret amendment.