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

Chris Hinchliff Excerpts

Tuesday 30th June 2026 General Committees

[Chris Hinchliff (North East Hertfordshire) (Lab)]

It is a pleasure to serve with you in the Chair, Sir Desmond. This is a hugely consequential instrument. Little democracy remains in our planning system, and this legislation will cut the amount down further. We are elected to this place to serve the public, not treat them as a problem to be silenced.

The measures will mean that individual councillors lose the ability to directly call in planning decisions completely, and that democratically elected councillors get to publicly scrutinise and vote on planning decisions only in exceptional circumstances, even for schedule 2 applications. With no committees for the vast majority of decisions, they will also mean that the public lose their chance to speak for a few minutes in front of those deciding on what gets built and where in their local area. In effect, in many circumstances, they will render our constituents and their locally elected representatives bystanders in the future of their own community. The measures seem to directly contradict Labour’s historic mission to redistribute power, not to mention the current drive for devolution and putting decision-making power back in local hands.

Streamlining our processes, in my view, cannot justify to my constituents the loss of their voice through these measures. I fear that the case for these changes relies overwhelmingly on anecdote and the belief that locally elected councillors are too responsive to the hopes and concerns of those they represent, and that by taking councillors out of the equation, more planning applications will be approved in spite of the public’s hopes and concerns.

It is not a lack of planning permissions that underpins our decades-long failure to address our nation’s housing needs, however, and these measures will do nothing to build the hundreds of thousands of council houses we need. Whitehall is also not the best place to define which planning decisions are important enough for local democratic scrutiny; it is our local councils that have the knowledge and understanding of their communities needed to inform that choice.

I absolutely accept that years of incoherent tinkering have created a planning system that is no longer fit for purpose. It is procedurally complex, it does not secure public support for future development, it does not build the affordable homes we need, and it is producing poor-quality, unsustainable outcomes—but making more decisions behind closed doors will not remedy any of that.

Some may argue that this measure represents a shift towards a rules-based planning system by taking democratic discretion out of the equation, but the irony is that it is the decades-long deregulation of our planning system and the ever-growing focus on developer-led, speculative applications for building new housing that make the application of discretionary scrutiny essential. If we wanted a truly rules-based system, we would focus on reform that puts powers in the hands of local communities to decide for themselves through a genuinely co-designed local plan where, how and in what way their housing needs could be met.

To conclude, this is a bad piece of legislation that will do nothing to help our constituents off housing waiting lists or to secure public consent for development in this country. It will hang like an albatross around the Government’s neck. The public anger about and resistance to damaging and speculative plans put forward by profiteering land promoters and developers will not disappear if this legislation comes into force; it will simply be redirected to target the planning officers who will have to enact it, the Members of Parliament who allowed democracy to be quietly killed off in a Committee Room, and Labour Ministers every time a councillor has to explain to their residents that they can no longer publicly scrutinise and challenge inappropriate development because this Government abandoned their own best traditions and stripped them of their rights.

All that the statutory instrument will achieve is more polarisation and yet further erosion of trust in our political system, so I urge the Committee to reject these proposals. I urge the Government to choose a different course that recognises communities as a positive force to be empowered and that focuses on securing the highest-quality development plans to win genuine social licence to build, rather than trying to silence opposition to the development of unhappiness given physical form, which has already done so much damage to our country.

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[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.