What the New Local Authority Consultation Requirements Signal for Development
Posted on in Planning, Environment & Licensing
In his written ministerial statement made on 23 March 2026, Planning Minister Matthew Pennycook announced his latest suite of measures aimed at stimulating housing supply and infrastructure provision. Central amongst these were new mechanisms which will make refusing large housing developments more difficult.
Previous Position
Under Section 77 of the Town and Country Planning Act 1990, the Secretary of State for Housing, Communities and Local Government is empowered to call-in planning applications. When an application is called-in, it will be determined by the Secretary of State, rather than the local authority.
Previously, this power has largely only been exercised where the Secretary of State viewed a planning application to involve planning issues of more than local importance.
Large Housing Schemes – New Requirement to Consult Secretary of State
The Town and Country Planning (Consultation) (England) Direction 2026, as announced in the written ministerial statement, now requires local authorities that are minded to refuse large housing schemes of 150 or more homes to first consult the Secretary of State, and then allow a 21-day period for the Secretary of State to consider calling such application in for their determination.
The new regime introduces a greater degree of central oversight over decisions that may affect housing delivery. However, since this new requirement came into force on 11 May 2026, it is notable that as of the time of writing (July 2026), the Government’s public record confirms that no decisions by the Secretary of State relating to large housing schemes have been made following a call-in under the new mechanism.
This reflects a cautious climate in the immediate period following this requirement coming live. Further monitoring will be required to establish if this measure is working as intended to accelerate the delivery of housing delivery , without undermining local decision-making.
Large Commercial Development – Likely Extension of Requirement
In March 2026, the Government also consulted on a further direction to consult on commercial development with a floorspace of 15,000m2 or more where the local authority intends to refuse permission.
A key focus is large scale strategic developments to reflect the Government’s priority of promoting economic growth. As at July 2026, the Government’s final position is awaited.
Expansion of Article 18 Requirement to Consult
Separately, local authorities’ Article 18 consultation duties have also been expanded under the Town and Country Planning (Development Management Procedure) (England) (Amendment and Transitional Provision) Order 2026/215 (2026 DMP Order).
The Article 18 consultation duty under the Town and Country Planning (Development Management Procedure) (England) Order 2015/595 (DMPO) requires local authorities to consult other authorities or statutory bodies before determining planning applications if the development proposed aligns with one of many possible applicable circumstances as outlined in Schedule 4 of the DMPO.
Whilst local authorities previously only needed to consult other bodies as specified in the DMPO prior to granting a planning permission, since the 2026 DMP Order came into force on 26 March 2026, local authorities now also need to consult such bodies before determining (i.e.: granting or refusing) a planning permission.
Commentary
In determining planning applications, it will be important for local authorities to adjust to these expansions in their obligation to consult. Not doing so will leave their determinations open to challenge by applicants.
Likewise developers will need to factor the potential for additional procedural steps into project timetables.
Recently, in R (on the application of Richard Dixon) v Wakefield Metropolitan District Council [2026] EWHC 1272 (Admin), the High Court upheld the District Council’s grant of a green belt solar development, and in doing so, Judge Sir Tim Kerr paid heed to the District Council having correctly consulted the Gardens Trust in line with Article 18 DMPO (owing to the site’s proximity to a Registered Park and Garden).
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Given that the consultation obligations applicable to local planning authorities in determining planning applications are highly fact-specific, and that compliance with those obligations will depend on the particular circumstances of each case, professional advice should be sought at an early stage. This will help ensure that the relevant statutory requirements have been correctly identified and complied with and minimise the risk of procedural challenge.
How we can help
Tozers' Planning team advises developers, landowners, local planning authorities and other stakeholders on all aspects of the planning process, including the procedural requirements governing planning applications and decisions. We can provide practical advice on the application of the new consultation regime, assess whether the statutory requirements have been met, and assist in managing or resolving any issues arising from non-compliance.