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

Chris Curtis Excerpts

Tuesday 30th June 2026 General Committees

[Chris Curtis (Milton Keynes North) (Lab)]

It is a privilege to serve under your chairmanship, Sir Desmond. I would like to make a couple of additional points, adding to the really important comments made by the Minister about why these changes are important. It is worth dwelling on the fact that housing in this country is prohibitively expensive for too many people. That is the reason why people are increasingly having to wait so long to get on the housing ladder.

Fundamentally, housing is too expensive because, first, there is not enough of it and, secondly, increasingly it is too expensive to build new housing units. If we want to bring the cost of housing down, we have to address those two problems. We have to increase the number of new homes that are built, but also decrease the cost of building them. On the latter, increasing global pressures, from supply chain disruptions to the impact of geopolitical events, are pushing up construction and labour costs. Most of those headwinds are outside our control, but when we have difficult headwinds it is even more important that we do everything we can with the levers that are within our control to bring down the cost of construction.

I mention that because one of the most damaging, self-inflicted and unnecessary costs in our current house building system is uncertainty. Right now, there could be companies out there—including developers, housing associations or, as the shadow Minister said, local councils—that are looking to build new homes. They could be doing everything right; they could be putting the land together and coming up with a plan that builds the right amount of affordable housing, gives local planning gains and supports local infrastructure. After putting all that investment and support in, coming up with a plan and designing a project, they could still face the daunting prospect of having that development blocked at the eleventh hour by the whims of a small number of local councillors, who are often responding completely rationally to local political incentives.

Obviously, those trade-offs exists. That uncertainty comes at a cost: we either add to the price of a house that constituents are paying for, or we decrease the amount of planning gain that we can make from the developers. By definition, it either means higher housing costs or it means fewer GP surgeries, less road infrastructure or fewer affordable homes being built. That is the cost of having more uncertainty in the system. It is right that we reduce that uncertainty; one way to do that is by having decisions made by officers who are following planning laws, rather than by people who are responding to political incentives.

[Gareth Bacon]

There is a strong corelation between the hon. Gentleman’s argument and our position. I agree with much of what he has said, but I cannot get away from the ratio that both the Minister and I have outlined in our speeches: 96% of planning applications are already decided by officers under delegated powers. Is the hon. Gentleman’s position that democracy is the inhibitor here? Is democracy introducing uncertainty into the system? If that is the case, he should say so.

[Chris Curtis]

I do not believe that democracy is changing it. It is fundamentally the incentives of certain local politicians to do this when they can have a veto power over a development that has a wider gain, often outside their local constituencies. That is a wider consequence. I am democratically elected, as is the shadow Minister, so in this sovereign Parliament we have the ability and right to set the rules under which that democracy operates.

[Gareth Bacon]

The hon. Gentleman is being very generous with his time. Does he not agree that that is the reason for the existence of the Planning Inspectorate? If planning applications are refused for reasons that are not in accordance with planning policy, will they not be overturned by the Planning Inspectorate?

--- Later in debate ---

[Chris Curtis]

I thank the shadow Minister for making that point because it was the last point I was going to briefly make before wrapping up. This is the key point: it adds not only uncertainty, but delays. If uncertainty has costs in the housing system, the developers might go to the Planning Inspectorate, but that adds extra delay and costs.

Most of the developments in schedule 1 are very small—often up to just 10 properties. The margins that a developer would make on that project are much smaller than the costs of that delay and of having to go to the Planning Inspectorate in the first place. That means that most developments across the country have effectively stopped construction altogether. The big consequence of that is that SME builders, particularly those in local communities who have generally been building smaller sized developments, are going under. One of the only ways to fix that is by bringing certainty back into the system, given that uncertainty is one of the reasons why they have been facing challenges.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

Will the hon. Gentleman give way?

[Chris Curtis]

I have taken up too much time; people really want to get off.

We all accept that we should be focusing on smaller sites because, as the Minister set out, the bigger sites should be decided and focused on by the planning committees. This measure will free up more of their time to focus on those bigger sites and issues. However, schedule 1 sets the size of small sites at nine properties or fewer, which I think is at the lower end of people’s expectations. I appreciate that the Minister has done lots of consultation work on the draft regulations, but given that just 69% of the properties built each year would fall into that category, can he please give us some information on how he has settled on that number? Will he consider raising that number in future, if he is convinced that it would lead to more benefit and more good-quality homes being constructed?

[Gideon Amos (Taunton and Wellington) (LD)]

It is a pleasure to serve with you in the Chair, Sir Desmond. The only certainty that consigning applications to officers will bring is a greater certainty of refusal. Officers refuse a greater proportion of planning applications than planning committees, which is not an argument in favour of the draft regulations.

[Chris Curtis]

To prove that point, the hon. Gentleman would need to prove that the types of applications currently going to either officers or planning committees are effectively random, but they are not. We know that different types of applications go to each one, so we cannot make that comparison between the two numbers.

[Gideon Amos]

I will give two examples that have a bearing on the hon. Gentleman’s point momentarily.

The Liberal Democrats have supported elements of the Government’s reforms. We supported the housing measures in the Renters’ Rights Act 2025, and we support the principle of strategic planning. We also have no objection to a standard scheme of delegation or an upper limit on the size of planning committees. However, we do not accept that decisions must—the word “must” is used several times in the draft regulations—be taken away from elected councillors such that councils will approve decisions in cases where every single councillor disagrees, and the council’s name will still be on that decision. How can that be just? How can that be right?

The delivery of new homes is important. In particular, our target for social homes is higher than the Government’s, as we would aspire to deliver 150,000 per year, and we would allocate funding in that direction. Many of the measures that the Government are bringing forward seem to be directed at increasing planning permissions, largely for private sector housing, which many people in my constituency cannot and will not be able to afford. There is also little evidence that increasing planning permissions will reduce house prices—in fact, that has never happened, and it never will. Of course, house builders work on a commercial model in which they need to sustain their price to make their profit, which is an entirely reasonably approach.

Recent other changes also seem to be bearing in this direction. Councillors have already been removed from making a free decision on developments for over 150 homes; they cannot refuse them unless they first go cap in hand to the Minister and ask whether that is okay. Under that recently introduced direction, they lost their ability to decide on applications over 150 homes, and under the draft regulations, they will also lose their ability to decide on smaller applications. Guidance on the draft regulations would be a good thing, but this is not about guidance—the key word is “must”. The Minister referred to democratic oversight, but that will be removed unless the draft regulations are defeated. There is absolutely no question of any democratic oversight in any of these decisions.

Two examples came to my mind. One does not have to spend a lot of time as a member of a planning committee to come across applications where officers recommend a cautious refusal, but members of the committee then overturn that decision. I dealt with one in Wiltshire many years ago where an owner wanted to divide a large house into two by blocking up two doorways. The planning officer and the senior planning officer were adamant that this would create a new dwelling in the open countryside and so must be refused, and they would listen to no other representations. With the support of local councillors, it was taken to the planning committee and the planning committee unanimously approved the application to create an additional dwelling and increase the housing supply.

When I spoke to the chair of my local planning committee in Somerset recently, I heard about a similar example just outside my constituency where officers were recommending a refusal, but members overturned that decision and the housing was granted. That will not be possible under the draft regulations, and applicants will have nowhere to go. Whether they are local residents or local builders, they will not be able to do anything. They will be allowed to contact their councillors, but their councillors will turn around and say, “Even though I’ve been elected as a councillor, I cannot have any say or effect over this council decision. It has been taken away from me by the regulations.”