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National Scheme of Delegation: Major Changes to Planning Committee Decision-Making

Category
Policy & Legislation
Practical Planning Advice
Region
National
Date
29 July 2026
Author Ryan Snow
Senior Associate
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The Town and Country Planning (Discharge of Local Planning Authority Functions) Regulations 2026 introduced a national scheme of delegation that will fundamentally change how planning applications are determined. Government guidance published on 1 June 2026 confirms that the Regulations will take effect on 31 October 2026 and will affect all decisions made from that date.

The new regime applies to all local planning authorities, with the exception of development corporations, national park authorities and the Broads Authority. Authorities must have regard to the accompanying guidance and will need to review their constitutions and schemes of delegation before the changes take effect.

 

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A National Approach to Delegation

One of the most significant reforms is the removal of local member call-in powers and automatic committee referrals based on the number of objections received. The guidance makes clear that if a planning committee determines an application that should have been delegated to officers under the Regulations, the decision may be unlawful and vulnerable to judicial review.

Which Applications Must Be Delegated?

Schedule 1 of the Regulations sets this out, requiring a wide range of routine applications to be determined by officers, including:

  • householder, minor commercial and minor residential applications (up to nine dwellings);
  • most reserved matters applications, together with section 73 applications linked to those permissions;
  • discharge of conditions, prior approvals and non-material amendments; and
  • other technical applications: permission in principle, section 106A applications (where a planning obligation is connected to a Schedule 1 planning permission), Biodiversity Gain Plans, Certificates of Appropriate Alternative Development, Certificates of Lawfulness (of existing/proposed use of development, and for proposed works to listed buildings.

This represents a significant expansion of mandatory officer delegation across all local planning authorities.

When Can Applications Still Go to Committee?

Schedule 2 of the Regulations confirms the list of those that may require a committee decision, covering larger developments and more sensitive applications, including major planning applications, listed building consent, advertisement consent and tree preservation order applications.

However, committee determination will no longer be the default. An application can only be referred where both the nominated officer (usually the Head of Planning or equivalent) and committee chair agree that it raises issues of local significance or a significant planning matter under the statutory “gateway tests”.

Own-interest applications made by the authority itself, an officer or a member, remain an exception to the normal rules and may still be referred to committee.

Practical Implications

The Regulations are expected to substantially reduce the number of applications considered by planning committees, placing greater responsibility on senior officers and committee chairs. Authorities must also publish records of committee referrals, committee membership will be capped at 13 members, and the Secretary of State will review the effectiveness of the new regime by 31 October 2028.

While the position is relatively clear for Schedule 1 applications, there remains scope for local judgement over whether larger proposals raise issues significant enough to justify committee consideration. Authorities should also watch for constitutional changes, particularly the removal of member call-in powers and objection-based referral thresholds, as they prepare for the new regime.

Should you wish to learn more about the National Scheme of Delegation and these changes, please get in touch with our team.

 

 

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About the author

Ryan Snow joined Bell Cornwell in January 2023 and is a Senior Associate based in our Hampshire office. Ryan provides clients with guidance on all stages of the planning process, from initial appraisals and strategy discussions, through to managing applications and appeals, including appearing at Public Inquiries. Much of his work has been within the Home Counties and often involves the Green Belt, National Landscapes or isolated locations, where a non-strategic, phased approach is required to maximise the development potential of a site.

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