Changes to how planning decisions are made

On 31 October 2026, a new national scheme of delegation takes effect, setting out how different planning applications are determined and which are delegated to Officers, and which may be referred to the Development Committee.

The Government laid the new regulations in July 2026, known as the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026. They set out the rules that each Council must follow when they come into effect. If these rules are not followed correctly, there is a greater risk of legal challenge.

How does the national scheme of delegation work?

Schedule 1 applications

The Regulations require that certain application types must always be delegated to Officers for determination. These are known as Schedule 1 applications and include, but are not limited to:

• householder applications
• minor commercial and residential applications
• permission in principle
• certain variations of applications and non-material amendments

Schedule 2 applications

The Regulations prescribe that certain application types may be referred to the Development Committee for determination. These are known as Schedule 2 applications and include, but are not limited to:

• listed building consents (and associated planning applications),
• major commercial and residential applications
• certain variations of applications
• applications for development already carried out
• a reserved matters phase application
• advert consent applications
• applications for consent to works to trees which are subject to tree preservation orders

Amended constitution

The Council has already agreed to amend its constitution to reflect the new regulations and did so in July 2026 at Full Council (Item 14) ahead of the new regulations coming into effect.

A copy of the revised constitution will be available on our Constitution page on 31 October 2026.

Under the revised constitution, applications for proposals falling within Schedule 2 may be called to Development Committee subject to passing a "gateway test".

Local Ward members may request that a Schedule 2 application be considered for referral to Development Committee. Requests can also be made by the Nominated Member (usually the Development Committee Chair) and the Nominated Officer (usually the Assistant Director for Planning). Schedule 2 applications should only be referred to the Development Committee if a proposal raises:

1. One or more issues of economic, social or environmental significance to the local area; or
2. One or more significant planning matters having regard to the Development Plan and any other material considerations

A Schedule 2 application may be referred to Committee, but only where both the Nominated Member and Nominated Officer agree that it should be referred; otherwise, the application will be delegated to Officers.

Other applications which might be referred to Development Committee

• All major applications submitted by or on behalf of the District Council
• Minor applications submitted by or on behalf of the District Council where representations have been received from external consultees or any member of the public raising material planning matters that advocate a different outcome (i.e. approval/refusal) than the Officers' recommendation
• Planning and listed building applications where Members of the Council, Officers of the Council or close family relatives of any of those people have a pecuniary interest.

All other applications not falling within Schedule 1 or Schedule 2 of the Regulations will be delegated to Officers.