MHCLG responds to consultation on planning committee reform

On 1 June 2026, the Ministry of Housing, Communities & Local Government (MHCLG) published its response to the consultation on Planning committee reform: statutory consultation on draft regulations and guidance (the Consultation). The Consultation was launched following the introduction of measures to ensure planning committees can operate more effectively, and it sought views on the technical detail and drafting of the regulations and guidance. Alongside its response, the government also issued updated draft regulations (the Regulations) for Parliamentary scrutiny with accompanying guidance for local planning authorities (the Guidance) in England. The Regulations are intended to come into force on 31 October 2026, to allow local authorities further time to make necessary arrangements, including attending to constitutional updates and governance issues, as well as training for planning committees and officers.  

At the core of the new regime is the national scheme of delegation (NSD), which aims to standardise the determination of decisions to clarify which are made by officers and which are referred to planning committees. In practice, this will mean that fewer applications should be determined by committees, especially if they are routine or technical decisions. Instead, committees will focus on genuinely significant planning matters and proposals raising an economic, social or environmental issue of significance to the local area.

How will the NSD operate?

Under the Regulations, applications are split into two schedules, whereby Schedule 1 applications are to be determined by officers in all cases, and Schedule 2 applications may be determined by a committee or by an officer. There is a presumption of delegation to officers for Schedule 2 applications unless certain tests are met relating to issues of economic, socio-economic or environmental significance to the local area or issues of significant planning matters regarding the development plan and other material considerations.

It is worth noting that any applications falling outside of the Schedules remains for local authorities to allocate through their own constitutions. One of the most significant changes flowing from the reforms will be the decision-making process around the allocation of decision-making under the Schedules. Since many applications could meet the Schedule 2 test, as anticipated by the Guidance, authorities will be encouraged to use a triage process to determine whether committee input is justified. We expect to see nuances in the approach taken at this stage at a local level and applicants may seek to engage earlier, to influence whether a scheme will go to committee. 

What are the key changes following the consultation?

• Increased presumption towards officer decision-making: Where Schedule 2 applications are not referred to a committee, these must be determined by officers, having regard to Secretary of State guidance;
• Own-interest applications: The ‘linked persons’ article has been replaced with an ‘own-interest’ article. This change was due to the mixed response to the government consultation, with some respondents suggesting the scope should be widened and others restricted. The aim is that the new article provides a clearer framework covering applications where the authority or its members have an interest;
• Review of the regulations: A new ‘review’ process has been inserted at Article 8, which requires the Secretary of State to review and publish a report on the Regulations by 31 October 2028, assessing the extent to which the objectives have been achieved, whether they remain appropriate, and setting out any proposals for amending these Regulations;
• Applications under Schedule 1 expanded to include certain section 73 applications and listed building certificates of lawfulness;
• Reserved matters approach: Reserved matters for large outline permissions now fall within Schedule 2. This change was also due to the mixed response to the consultation, with individuals and developers strongly opposed to the approach to the phased reserved matters application, and professional bodies supporting it. The change aims to preserve scope for reserved matters relating to outline planning permission for large, multi-phase development to be referred to committees where local democratic oversight is needed. 

Next steps

The NSD marks a significant reform to planning decision-making. Whilst intending to provide standardisation, improve clarity and speed up decision-making, this is dependent on how the triage process will operate in practice, and how officers will decide what constitutes a ‘significant’ issue for committee focus. It is clear the government is keen to strike the right balance between freeing up committees to focus on key proposals and matters of significance, whilst ensuring that there remains sufficient oversight and democratic accountability. The months leading up to the implementation date of 31 October 2026 will prove critical in preparing for the fundamental change to the role of planning committees and officers and if you require any support in this process, please get in touch with my colleagues Gary Soloman or Liz Paraskeva.