30/09/2026
The introduction of the National Scheme of Delegation (NSoD) marks a significant change to planning decision-making in England. Established through the Planning and Infrastructure Act 2025, the reforms aim to create greater consistency in determining which planning applications are decided by officers and which are considered by planning committees.
Why is a national scheme being introduced?
The Government's rationale is that there is too much inconsistency between authorities, with applications for similar schemes being decided in one authority by planning committee, but by officers in the authority next door. Although approximately 96% of planning decisions in England are already made by officers rather than committees, the arrangements governing the remaining decisions differ between councils.
The Government intends the NSoD to improve consistency, provide greater certainty and support faster decision-making by enabling planning committees to focus on larger, more complex or locally significant proposals. This is intended to preserve democratic oversight where it is needed, while reducing the time spent on applications that are more appropriately determined by professional planning officers.
How will the scheme operate?
The NSoD establishes two principal categories:
Schedule 1: Applications that must be determined by officers.
Schedule 2: Applications presumed to be delegated to officers, but which are eligible for referral to committee where the statutory gateway criteria are satisfied and both the nominated officer (normally the Chief Planning Officer) and nominated member agree.
Schedule 1 includes categories such as householder development, minor commercial and minor residential development, alongside specified technical applications.
Schedule 2 covers other application types where committee consideration may be justified due to the applications raising significant economic, social or environmental issues, or other significant planning matters.
The regulations are due to come into force on 31 October 2026.
What actions should local authorities take?
Review constitutional arrangements. Authorities should undertake a detailed comparison between their existing schemes of delegation and the statutory NSoD. Any provisions that conflict with the new regulations, including existing committee referral (e.g. trigger points where a certain number of objections are received) or member call-in arrangements, will need to be amended.
Establish referral arrangements. Each authority should identify its nominated officer and nominated member (with deputies who can stand in if they are not available) and develop a transparent process for assessing Schedule 2 applications and their suitability for referral to committee. The process should include clear responsibilities, timescales and an audit trail explaining referral decisions.
Update procedures and systems. Planning management systems, committee report templates, public guidance and internal workflows should be reviewed to ensure they reflect the new statutory framework.
Provide training. Officers and elected members alike will need to be brought up to speed with the distinction between mandatory delegation and the Schedule 2 gateway process.
The reforms also introduce a maximum committee size of 13 members, with the thinking being that this will help improve the efficiency and quality of the decision making. Large committees are viewed by the Government and developers alike as unwieldy, harder for the committee chair to manage and more likely to cause holdups. Smaller committees are believed to encourage more professional debate and to reduce the likelihood of grandstanding. Authorities should review their committee structures and constitutional provisions to ensure compliance with the new rules on planning committee membership numbers.
Non-compliance with the new regulations may expose committee decisions to judicial review and potentially result in decisions being quashed. The statutory guidance emphasises transparency and reporting, including records of applications considered for referral and the outcome of that consideration. This will be important in demonstrating that decisions have been made lawfully and consistently.
Summary
The NSoD is intended to establish a more consistent and efficient framework for planning decision-making across England. For local authorities, successful implementation will depend on early constitutional review, clear referral arrangements, effective training and coordinated operational preparation. Authorities should focus on ensuring that their governance and service arrangements are ready for the October 2026 commencement date.
We advise on amending constitutions and have been supporting a number of authorities in relation to changing their planning scheme of delegation to comply with the new requirements. Please contact Lucy Thomas, David Kitson or Hannah O’Brien for further guidance.
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