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

Baroness O'Neill of Bexley Excerpts

Tuesday 30th June 2026 Lords Chamber

[Baroness O’Neill of Bexley (Con)]

My Lords, I rise in support of my noble friend Lord Jamieson; in doing so, I remind Members of my interest as vice-president of London Councils.

Most councillors will tell you the value of being able to refer planning decisions to a planning committee for consideration in public. As has just been said, it can mean that local residents can participate in the debate. They can draw issues to the attention of those making the decision as well as witness the decision-making process as it happens. It is therefore disappointing that this statutory instrument appears to reduce that opportunity by allowing an even higher number of applications to be delegated to officers. Written submissions, I am afraid, are not the same thing.

Indeed, there was a debate in the other place last week when Labour Members of Parliament were referencing the value of Article 4 directives to ensure that planning applications for houses of multiple occupation would be required. Fortunately, the Conservative council in the London Borough of Bexley, of which I have knowledge, did indeed seek an Article 4 directive to ensure that this was the case, as we believed it would ensure that the impact of those individual requests on our residents and infrastructure could be considered.

It is difficult to square seeking democracy in the planning process one week and reducing it the next. The planning process needs to be open and transparent, allowing planning applications to be referred to the democratically elected committee if members choose to do so. This can also add value, as it means that any potential issues or benefits can be aired, considered and possibly addressed. That quite often results in impacting the decision or applying conditions that might resolve some of the potential issues. It needs to be taken seriously.

This could be particularly relevant for reserve matters, as was said earlier, or the use of Section 106 money on larger developments, as the impact on the local community will be even greater. Residents are rightly interested in what is happening in their area, and while it is often difficult to explain that applications must be considered on planning grounds, referral to a committee allows that to happen. It also protects council officers. I am sure we have all heard the rumours about alleged brown envelopes over the years. What better way to ensure residents see the decision-making process in action than at a planning committee?

The suggestion is that referral could be by the gateway test, but that would be through an agreement between the head of development control or the named person and the planning committee chairman. They need to agree on the rationale and, as my noble friend Lady Eaton has just said, when that does not happen, the decision should remain with members. We live in a democratic society. We all know that the majority of applications are not contentious and are determined by officers. But when there is a reason for transparency, surely there should be a mechanism to allow for determination by committee. Planning applications can greatly impact residents’ lives, so surely they should be able to witness and participate in the process. I hope the Minister will be able to reassure us that this SI does not water down the system.