“Will I still have my say?” – What the new National Scheme of Delegation will mean for communities, Parish and Town councils

A major set of reforms to how planning applications are decided in England comes into force on 31 October 2026. The new National Scheme of Delegation will alter virtually all local planning authorities’ constitutional arrangements that specify how planning applications are decided – with consequences for everyone participating in the planning process.

How the current system works

Currently local planning authorities have powers to set their own rules about which applications are determined by professional planning officers under delegated powers, and which are referred to their planning committee, which is made up of elected councillors. This is known as planning delegation and is part of a general ‘scheme of delegation’ in a council’s constitution.

Schemes of delegation vary widely across the country, and prescribe different decision makers for the same types of applications. It is common for smaller applications to be decided by officers automatically. More controversial applications may require a constitutional trigger to send it to committee, such as a request from a councillor or a certain number of objections. If an application clearly conflicts with a key policy in the council’s development plan, that might also be enough to trigger a committee determination.

The result is that residents and other interested parties (such as Parish or Town Councils) often take advice on the specific arrangements that apply to planning decisions to understand when they have an opportunity to participate in a public meeting, or when a decision will be made without elected member involvement. For some applicants it can feel like a postcode lottery as to who will decide their applications.

What is changing?

The changes are intended to introduce greater consistency into local authority decision-making and reduce the number of applications being considered by planning committees with subsequent appeals where the development is found to be acceptable.

Section 54 of the Planning and Infrastructure Act 2025 introduces various provisions into the Town and Country Planning Act 1990. Draft regulations have been made under those provisions entitled the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026. Once finalised, the new Regs will bring into effect a National Scheme of Delegation. Final regulations are expected to be made in July 2026 and will come into force on 31 October 2026.

The current draft regulations create two categories of application known as Schedule 1 and Schedule 2 applications (see below). The regulations do not replace local authorities’ constitutions, but they will need to be amended to align with the new regulations once adopted. Explanatory guidance also clarifies that if an application is not listed in either schedule, it will remain to be decided by the local constitution.

Schedule 1 applications

Schedule 1 applications cover smaller and more routine proposals. These include householder applications, minor commercial development, and residential schemes of up to nine dwellings on sites below 0.5 hectares.

Discharge of conditions, applications for prior approval and permission in principle applications are also included. Under the draft regulations all such matters must be determined at officer level.

Schedule 2 applications

The second category covers more significant proposals, including larger residential developments, listed building consents, applications for tree preservation orders, large renewable energy projects and major commercial schemes. These applications must be delegated to officers unless two conditions are met:

• A nominated planning officer and a nominated member of the planning committee both agree it is appropriate to refer the application to committee; and
• Both nominated individuals agree either:
  • the application raises an economic, social or environmental issue of significance to the local area; or
  • the application raises a significant planning matter, having regard to the development plan and other material considerations.

 

What does this mean for objectors?

The reforms narrow the circumstances in which applications will be considered by democratically elected members. Smaller applications will from October 2026 be decided by officers alone.

For larger applications, committee consideration remains possible but will not be automatic. Whether a significant proposal is referred to committee will depend on the joint judgement of a designated planning officer and a designated committee member (most likely the chair).

Sometimes there is a perception that planning committees made up of members of a particular political persuasion will be more inclined to determine certain applications in a certain way. Strategically, therefore, the possibility of having an application called in to committee has always been something to think about. The National Scheme of Delegation means this is no longer possible. On the other end of the decision making process, there are examples of cases where a councillors’ own conduct has formed grounds for challenge (e.g. in R (Perrin) v North Devon District Council (AC-2024-CDF-000040)). The changes will mean these cases are less likely to occur in the future.

It will be more important that objectors produce quality written representations, often supported by expert reports. Officers determining applications under delegated powers must take into account all material planning considerations raised by interested parties. They are less likely to be swayed by emotive arguments for refusal which, although should be disregarded by planning committees, inevitably hang in the back of members’ minds.

A well-constructed objection that engages with the development plan and is appropriately supported by technical evidence will carry more weight than one that does not. Conversely, representations that fail to engage with planning merits are unlikely to influence the outcome regardless of the strength of local feeling. For those with concerns about a development proposal, early engagement and properly framed representations have never mattered more.