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

Lewis Cocking Excerpts

Tuesday 30th June 2026 General Committees

[Lewis Cocking (Broxbourne) (Con)]

It is a pleasure to serve under your chairmanship, Sir Desmond. I have great respect for the Minister. I hope that he remains in post or gets a promotion in the upcoming reshuffle. I did not plan to speak today but, although I have heard some good points made in this Committee, I have also heard some nonsense.

This is a terrible idea: I do not think a national scheme of delegation will work across the country. It puts too much power in the hands of planning officers, who do not always get it right. We often fail to talk about how we have to create communities, but when someone makes a bad planning decision, that building is there for generations. There are issues that should be thought about within the planning process, and they will be difficult to solve if an officer has recommended the approval or refusal of a specific application and they have got it wrong. Officers are less likely to live within the council area, so they are less likely to know the place as well as councillors. Councillors should be around that table and should be able to call in planning applications.

Lots of councils do have a scheme of delegation, but it is important that they retain flexibility, because there will be certain applications where local circumstances apply. For example, an application for a house may have to be called in because there are specific issues down a road, or because lots of people have replied to the consultation. Councils need to have that flexibility. The national scheme of delegation will not help the Government in meeting their target of building 1.5 million homes. This is not the problem within the planning system.

As I have said before, the reason that hardly any homes are getting built in this country is developers themselves. Most applications that go through the planning process get approved. It takes such a long time for developers to get their planning application not because the approval process is slow, but because they actively go against what the council is seeking to achieve within its local plan or what local people want. If, when they originally bought the piece of land and wanted to create their development, they came around the table and worked hand in hand with the council, they would get through that process a lot quicker. As leader of Broxbourne council, I had loads of experience of dealing with developers who would take ages to get through the planning system because they would not do what the council asked them to.

The idea that this legislation will speed up the planning process and solve all the issues, and then 1.5 million homes will be built over the course of this Parliament, is just utter nonsense. This is not the right part of the process for the Government to be attacking. This is an incredibly bad idea. It is not well thought-out. It will create issues down the line, when officers approve lots of planning applications and people do not understand why they have been approved, and it will cause fundamental issues for parking, healthcare facilities and education that will have no democratic oversight.

I hope that the Minister will reflect on this and try to improve the planning system, because I do not think this piece of legislation does that. It is an attack on democracy, and it is all about concreting over the green belt.

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[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.

[Lewis Cocking]

The Minister mentions local plans and schemes of delegation. If a developer comes forward with a planning application that is not allocated within the local plan, how will that be dealt with? Will it be deal with through schemes of delegation, or would it automatically go to committee?

[Matthew Pennycook]

That is a fair question. As I set out in my opening remarks, if such an application were to meet the conditions in schedule 2, it would go in front of the chief planning officer, in most instances, and the chair of the planning committee, and a gateway test would determine whether it meets the criteria that I have set out. If it does, the local authority can put the decision in front of elected members, as happens now with an officer recommendation, so we are not changing that. I have listed the types of application that fall under schedule 1: minor residential development under 10 units, minor commercial development and so on. There might be a principled difference of opinion here, which I respect, but we do think that expert planning officers should be able to take decisions on those matters.

The hon. Member for Orpington challenged me on the impact of the fact that 96% are already not determined by committee. In a sense, he was saying, “What’s the point of these regulations, given that we have local schemes of delegation doing the job?” As highlighted in the impact assessment for these reforms to the Planning and Infrastructure Act, we expect these reforms to have a small but positive impact on the delivery of housing in this Parliament. We have never suggested that they are a silver bullet for all the issues that we face in the planning system. The Act’s impact assessment covered a number of options, including our lead option of delegating when applications are in line with local plans. We explored that issue, but the regulations take a more structured approach to delegating along the lines of application type, so we need to update the assessment to reflect that.

We recognise that only approximately 4% of decisions are made by committees at present, but that percentage represents a substantial proportion of total units in the planning process because many major applications go to planning committee for consideration. Under the circumstances that we have outlined for the gateway test, they might not necessarily do so as they might not meet those criteria. Streamlining the planning process will make a meaningful contribution to the delivery of much-needed housing and sustainable communities.

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[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.

[Lewis Cocking]

The Minister is being very generous with his time. How can the public deal with planning officers who get it wrong? At the moment, if a planning committee gets it wrong, the public can go out to the ballot box and vote for someone else. They cannot do that with planning officers who make the wrong decisions.

[Matthew Pennycook]

Planning officers routinely make decisions without applications going to committee. We trust them to do so; they are bound by the requirements that I have just set out.

The hon. Member touches on a point that I was going to come to. It is important to ensure that we have a highly skilled planning profession and the right training and support in place for officers. We are investing in good decision making by planning officers in councils across the country. The hon. Gentleman will know that the Department has a planning capacity and capability programme that provides a broad range of support covering recruitment, skills, development, training and funding to ensure that local planning authorities have the capability and capacity that they need. Our approach to supporting planning recruitment and skills is deliberately demand-led, allowing local planning authorities to deploy support in line with their specific pressures. As he will know, councils have the flexibility to use support to recruit specialist skills or to upskill existing staff.

To ensure that I respond to all questions, I will make two final points. The shadow Minister, the hon. Member for Orpington, asked about instances in which the local authority is the decision maker or a local authority member is involved. I addressed that in my opening remarks, but it is worth clarifying again. We recognise that, for applications involving a local authority or an officer or member of that authority, committee scrutiny is merited in some cases, in the interests of transparency. To allow for that, we have provided in the regulations that such applications, regardless of whether they fall into schedule 1 or schedule 2, can be referred to committee with the agreement of the nominated officer and nominated member, even if they do not meet the specific criteria.

Finally, my hon. Friend the Member for Milton Keynes North made a powerful speech in support of the regulations. However, he asked how we determined which types of application fall into schedule 1. On the specific question of minor residential development, we took that as the appropriate threshold because, unlike in policy, in legislation—the Town and Country Planning (Development Management Procedure) (England) Order 2015—there is a distinction between minor and major development. With “minor development” being under 10 units, we thought that that was the appropriate level to set when it comes to residential developments. Commercial and housing development also falls into schedule 2.

Importantly, a key addition that we made to the regulations following consultation was the requirement for the regulations to be reviewed within two years of their coming into force. That will give us the opportunity to monitor their implementation and identify any issues or unintended consequences resulting from particular types of application placement. That review will take place by 31 October 2028.

Notwithstanding the range of issues and considerations that we have discussed, let me draw the Committee back to what the regulations seek to achieve. They are about improving the quality and speed of decision making so that the housing and growth that local communities want—and desperately need in many cases—can be delivered more quickly. I commend the regulations to the Committee.