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

Gideon Amos Excerpts

Tuesday 30th June 2026 General Committees

[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.”

[Josh Newbury (Cannock Chase) (Lab)]

Like the hon. Gentleman, I have previously been a local councillor, so I understand the importance of planning committees and of local democracy around planning decisions, but I find the idea that local councillors will have no ability to have any say or influence over officers’ delegated decisions a bit ludicrous. If a councillor is doing their job properly, they are constantly going to the planning department to speak to officers about various issues that are raised with them. It will be more than possible for councillors to speak to planning officers, knowing that they are to make a decision on something like this, to give them whatever local context they feel they would need to come to an informed decision. Does the hon. Gentleman not agree with that?

[Gideon Amos]

The hon. Gentleman makes a good point about the importance of close working between councillors and officers, and I do not deny it, but the planning committees and the national scheme of delegation consultation outcome document is crystal clear, and I am grateful to him for allowing me the opportunity to quote it. It says in paragraph 17:

“Nominated officers and nominated members should make every effort to reach agreement on which cases should be referred to committee.”

Of course, that is only in schedule 2 applications; in schedule 1 applications, there is no opportunity for councillors to have a word with the officers and have the application referred to committee, but in schedule 2 applications there would be. The consultation outcome document goes on to state:

“However, where agreement is not possible, the case must be delegated to officers under regulation 5(3).”

The questions raised by the Opposition spokesperson, the hon. Member for Orpington, about whether officers will be required to prepare the same registers of interest and to be subject to the same degree of openness and accountability that councillors have to have are well put.

In our view, the draft regulations dangerously undermine democratic accountability—in fact, they remove it altogether—and leave the way open for those who will say, “It doesn’t matter how you vote or what you think—it has no effect.” The regulations will extend that principle to councillors and their powers: it does not matter what they think or what they say; they will not be allowed to affect decisions that are taken in their name and the name of their council. We will be pressing the regulations to a Division if the Opposition do not. Every councillor will regret these changes.

--- Later in debate ---

[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.