Planning Scheme of Delegation: What’s Changed?
Posted on in Planning (Business)
Planning decision-making could be further standardised from 31 October 2026, as the Town and Country Planning (Discharge of Local Planning Authority Functions) Regulations 2026 (“the Regulations”) come into force in England.
The key changes
Whilst local planning authorities previously had greater autonomy to delegate planning decision-making to either planning officers or planning committees, the Regulations set new mandatory standards for decision-making.
With limited exceptions, from 31 October 2026, planning applications which fall within several categories must be determined by a planning officer instead of via a planning committee (Schedule 1 Planning Applications within the Regulations). These include:
- residential developments involving less than nine dwellings on sites smaller than 0.5 hectares;
- all reserved matters approvals which do not follow an outline application for either: (i) 500 or more dwellings; or (ii) building(s) which create floorspace of 50,000 square metres or more; and
- certificates of lawfulness of existing use or development and certificates of lawfulness of proposed use or development;
Planning applications which are not within the list in Schedule 1 must also be determined by a planning officer unless, in the view of both a local planning authority’s nominated officer and a nominated member of their planning committee, an application raises issue(s) of economic, social or environmental significance to the local area, or matter(s) of significant planning importance.
The Regulations also state that a maximum of thirteen people may sit on local authority planning committees. Historically, there has been no limitation on numbers.
Reason for reform
The Government’s overarching intention behind the Regulations is to improve the quality and speed of decision-making in local planning authorities.
The Regulations can also be viewed as being in lockstep with the other efficiency-focused reforms that have been introduced to the planning system this year, most notably the formal shift in the planning appeals system to place greater reliance on the initial suite of information submitted with a planning application and limit the ability to introduce new information.
Industry reaction
Industry responses to these upcoming changes have been largely hopeful and welcoming. In particular, the potential for these changes to reduce delays to development (by, for example, doing away with the need to account for relevant Local Planning Authorities’ committee schedules) have been touted positively across the board.
However, the wider development and consenting ecosystem has maintained a cautious realism. In July 2026, the Government’s Chief Planner urged Chief Planning Officers across local planning authorities to take practical steps to prepare for the Regulations coming into force, including amending their constitutions.
Senior figures within local planning authorities have also highlighted that the Regulations are coming into force against a backdrop of several other changes (the 2026 National Planning Policy Framework, and the 2026 changes to biodiversity net gain, to name two) which require corresponding adjustments, in their own right, to planning decision-making. The practicalities involved with local planning authorities’ implementation of these changes are therefore likely to carry an additional layer of real-world complexity.
What happens next?
On top of these factors cited by senior figures within local planning authorities, the current pause in local government reorganisation across large swathes of England have made teething issues in the implementation of required changes to planning decision-making likely. As the Government publishes quarterly statistics relating to the percentage of planning applications which have been determined within agreed timeframes, it will be possible to observe the Regulations’ impact down the line.
How does this impact my planning application?
The impact of recent reforms on your planning application depends on factors including the exact development proposed, your local planning authority, and the date on which your application is submitted. The team of experienced planning lawyers at Tozers can guide you through any legal issues which arise in respect of your planning application or development, both prior to and following application submission.
How can Tozers help?
Tozers can support you at every stage of the planning process, from early advice to appeals and enforcement matters. If you would like to discuss a project or a live application, please contact our planning team to arrange an initial conversation.