Delegation Scheme Could Offer More Freedom

Further to our earlier blog on this matter, recent news coming from the government suggests a change of direction for what councils should expect in respect of the rules for determining planning applications…

The Government’s proposed national scheme of delegation has sparked considerable debate across the planning sector, but recent comments from Planning Minister Matthew Pennycook suggest that local authorities will retain more flexibility than many had anticipated.

While the Planning and Infrastructure Act introduces a national framework for determining which planning applications are decided by officers and which are referred to planning committees, councils will still be able to develop their own processes for deciding how applications are filtered before reaching that stage.

Under the proposed system, which the government consulted on in May 2025. straightforward Schedule 1 applications, such as householder developments and minor commercial schemes, will be delegated to planning officers. Schedule 2 applications, however, can be referred to committee if both the council’s chief planning officer (or equivalent) and the committee chair agree that the proposal meets the new ‘gateway test’.

Local Authorities Retain Important Flexibility

Crucially, the Minister has confirmed that local planning authorities will be free to establish their own triage arrangements for Schedule 2 applications. This is an acknowledgement that authorities differ significantly in workload, resources and local priorities. Rather than requiring every Schedule 2 application to pass through the same process, councils can design systems that ensure only those schemes with genuine strategic or contentious planning issues reach the gateway assessment.

The Government’s implementation guidance even encourages authorities expecting high volumes of Schedule 2 applications to adopt triage systems to prevent unnecessary delays and avoid overwhelming senior officers and committee chairs.

What the Changes Mean for Applicants

For applicants and developers, this means that while decision-making should become more streamlined overall, there is unlikely to be complete uniformity across England. Councils may still operate slightly different referral processes, potentially allowing ward councillors to request that certain applications are considered under the gateway test where local circumstances justify it.

The Minister defended this local discretion by emphasising the professionalism of planning officers. Officers remain legally obliged to consider all material planning considerations, apply local and national planning policy, and act in accordance with professional codes of conduct. The Government’s position is that greater delegation should improve efficiency without compromising the quality or integrity of planning decisions.

The Government has also confirmed that applications on unallocated land will, in most cases, be subject to the gateway test where they fall within Schedule 2, rather than automatically being delegated or automatically referred to committee.

Preparing for Implementation

With implementation now delayed until 31 October, councils have additional time to prepare. The coming months will be critical as authorities refine their local processes and applicants begin to understand how the new national framework will operate in practice.

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