What the National Scheme of Delegation means for planning decisions
New rules are due to come into force in England on 31 October 2026 with the aim of delivering faster and more consistent local planning decisions.
The National Scheme of Delegation of Planning Functions introduces a list of the types of applications which should be determined by planning officers and another list which details applications which can be referred to planning committee under certain circumstances.
Currently local authorities set their own scheme of delegation guidelines, but the goal is to speed up decisions by ensuring that planning committees focus on larger and more significant developments.
It should also mean that more decisions are taken in line with planning policy and are less likely to be influenced by local politics.
The new rules will apply across all local planning authorities in England, with the exception of development corporations, National Park Authorities and the Broads Authority.
Schedules 1 and 2
Under the new rules, a list of smaller-scale and more straightforward planning proposals – known as Schedule 1 applications – will be decided by planning officers. This covers prior approval applications, householder developments and minor developments of up to nine dwellings (see list below for full details).
There will be a presumption in favour of planning officers taking decisions for Schedule 2 applications which cover large, strategic or sensitive developments. However, Schedule 2 applications can be referred to planning committee if the chief planning officer and the chair of the planning committee (or equivalent) agree and it meets at least one of the following statutory criteria:
• The application raises an economic, social or environmental issue of significance to the local area.
• The application raises a significant planning matter, having regard to the development plan and other material considerations.
The Government’s guidance note includes examples of what might be deemed a significant social, economic or environmental issue. They are:
• an application for planning permission for change of use of a community shop in a rural area
• an application for planning permission or listed building consent for changes to a notable listed building in a town centre
• an application for outline planning permission for a large multi-phase residential development allocated in the local plan
Planning committee changes
As part of the reforms, planning committees will also be capped at 13 members with the hope this will contribute to faster and more effective decision making.
In addition, once secondary legislation has been passed to facilitate it, committee members will be required to undergo mandatory training.
As a further way of removing some of the politics out of planning, the Government has
Identified instances where if an application is refused it must then be directed to the Secretary of State for a period of 21 days to consider whether they would like to use their Call in Powers of determination.
This will affect schemes of over 150 homes, commercial developments over 15,000sqm or nuclear facilities.
Schedule 1 applications
- Householder development
- Discharge of conditions
- Permission in principle (1-9 dwellings)
- Non-material amendments
- Prior approval applications
- Minor commercial development
- Minor residential development (development of up to nine dwellings on sites below 0.5 hectares)
- Section 73 applications where the related planning permission was a Schedule 1 planning permission
- Reserved matters approval where the outline planning permission is for fewer than 500 dwellings or less than 50,000 square metres of floorspace
- Certificates of lawfulness of existing/proposed use or development, and certificates of lawfulness for proposed works to listed buildings
- Section 106A applications where a planning obligation is connected to a Schedule 1 planning permission
- Biodiversity Gain Plans
- Certificates of Appropriate Alternative Development
Schedule 2 applications
- Planning applications which are not householder, minor commercial or minor residential
- Applications to modify or discharge a planning obligation under section 106A of the TCPA 1990
- Applications for Listed Building Consent
- Applications for the variation or discharge of conditions related to a listed building
- Applications for advertisement consent
- Tree Preservation Order applications
- Applications to develop land without compliance with conditions under Section 73(1)
- Reserved matters related to large outline planning permissions (500 dwellings or 50,000sqm floor space)
Our team of dedicated planning consultants deliver high-quality planning advice to help you navigate the complexities of the planning system. Contact Head of Planning Katie Lamb or Senior Planner Andy Taylor for more details.