National Scheme of Delegation: New Rules for Planning Committees in England

The Ministry of Housing, Communities & Local Government has today published its long-awaited guidance on the new national scheme of delegation of planning functions, which will apply to all local planning authorities in England from 31 October 2026. Introduced through the Planning and Infrastructure Act 2025 and the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026, the new framework will fundamentally change how planning applications are decided.

For anyone with a live or upcoming application, this is a significant shift in how decisions will be made - and who will be making them.

What Is the National Scheme of Delegation?

Until now, each local planning authority has decided for itself, through its own constitution, which applications are determined by planning officers and which are referred to a planning committee of elected members. That has resulted in considerable inconsistency across the country, with some authorities sending a high proportion of applications to committee and others delegating the majority to officers.

The new national scheme of delegation sets a single, consistent approach across England. It defines which categories of application must be decided by officers, and which categories may - in limited circumstances - be referred to a planning committee or sub-committee.

The Two Schedules

The Regulations divide applications into two schedules:

Schedule 1 applications must be delegated to planning officers for a decision. This includes a wide range of everyday cases, including householder development, minor commercial development, minor residential development (up to nine dwellings on sites under 0.5 hectares), most reserved matters approvals, discharge of conditions, prior approvals under permitted development rights, non-material amendments, certificates of lawfulness, and biodiversity gain plans.

Schedule 2 applications carry a presumption of officer delegation, but can be referred to committee where strict criteria are met. This covers larger or more complex proposals, including applications that are not householder, minor commercial or minor residential, listed building consents, advertisement consents, applications under tree preservation orders, and large outline reserved matters.

When Can a Schedule 2 Application Go to Committee?

A Schedule 2 application can only be referred to committee where both of the following apply:

• the nominated officer (typically the Chief Planning Officer) and the nominated member (typically the chair of the planning committee) agree to refer it; and
• at least one of two statutory criteria is met - either the application raises an economic, social or environmental issue of significance to the local area, or it raises a significant planning matter having regard to the development plan and other material considerations.

The guidance is clear that referral should be exceptional, not routine. Applications that broadly comply with an up-to-date development plan and national policy, or where statutory consultee concerns have been resolved through amendments, are unlikely to meet the threshold.

The End of Call-In and Objection Triggers

One of the most significant practical changes is that long-standing local practices - such as ward councillors being able to "call in" applications, or automatic referral to committee once a set number of objections is reached - will no longer be permitted. Local authorities will need to amend their constitutions to align with the national scheme of delegation before the regulations come into force.

Own-Interest Applications

The guidance recognises that applications made by, or involving an interest of, the local authority or its officers or members require additional transparency. These "own-interest" applications can be referred to committee by agreement between the nominated officer and nominated member, without needing to meet the Schedule 2 criteria. Officers and members with an interest cannot be involved in the decision on whether to refer.

Planning Committee Size

Alongside the delegation reforms, the Regulations also set requirements around the size of planning committees, with the aim of ensuring committees are focused and effective in determining the more complex cases that come before them.

What This Means in Practice

For landowners, developers and applicants, the new framework brings both opportunity and risk:

• More predictability. With clearer national rules, applicants will have a much better idea from the outset whether a decision will be made by officers or by committee.
• Faster decisions on smaller schemes. Householder, minor commercial and minor residential applications will be firmly in officer hands, which should reduce delay and political uncertainty.
• A sharper focus on policy compliance. With committee referral reserved for exceptional cases, the quality of the written application, the supporting evidence and the policy justification matters more than ever. Officers - not members - will be deciding the vast majority of cases on the papers in front of them.
• Less scope for late intervention. The ability to lobby for an application to be called in to committee will be significantly reduced. Applicants who previously relied on a committee debate to overturn an officer recommendation will need to engage earlier and more constructively with the planning officer dealing with the case.
• Judicial review risk for non-compliance. Where local authorities fail to align their constitutions with the Regulations from 31 October 2026, decisions taken by committees on cases that should have been delegated may be quashed.

Looking Ahead

The direction of travel under the Planning and Infrastructure Act 2025 is consistent: faster, more consistent, more officer-led planning decisions, with committee time focused on the proposals that genuinely affect an area. For most applicants, that should be a positive change - but only where applications are well prepared, policy-led and supported by robust evidence from day one.

How LB Planning Can Help

If you have a live application, or are considering submitting one in advance of 31 October 2026, it is worth taking advice on how the new delegation framework will affect your case - particularly if your scheme might fall within Schedule 2. LB Planning can help you understand which route your application is likely to follow, identify the issues an officer will focus on, and put together a comprehensive, policy-led submission designed to secure a positive decision at officer level. Get in touch with LB Planning for a no-obligation chat about your project.