Delay for NSOD implementation

The government has confirmed a one-month delay to the introduction of England’s new National Scheme of Delegation (NSOD), moving the implementation date from 30 September to 31 October 2026. What will this mean?

While the delay provides local planning authorities (LPAs) with additional preparation time, it also comes with a clear warning: councils that fail to align their constitutions with the new framework could face judicial review challenges.

The NSOD represents one of the most significant changes to planning decision-making in recent years. Designed to create greater consistency across England, the scheme establishes national rules governing which planning applications must be determined by planning officers and which may be considered by planning committees.

Council Constitutions

Under the new arrangements, straightforward applications such as householder developments and minor commercial or residential schemes will generally be delegated to officers. More complex applications will fall into a second category, where referral to committee will only be possible if both the chief planning officer and committee chair agree that the proposal raises significant economic, social, environmental or planning issues.

“This is interesting,” says Paul Smith of Milton Keynes-based Apex Planning Consultants, “because it would mean that Ward councillors cannot ask for planning applications to be ‘called in‘ – traditionally, this happens where constituents, often residents who do not like a particular application are vehemently against a planning application. It means they can try to persuade other councillors, who sit on the Planning Committee to refuse planning permission. One intention of the government is to try to avoid good planning applications from being refused on ‘political grounds’, rather than ‘planning reasons for refusal’. It is also trying to speed up the delivery of new housing.”

The Government’s recently published guidance emphasises that councils must update their constitutions to reflect these requirements before the regulations come into force. Failure to do so could leave planning decisions vulnerable to legal challenge, potentially resulting in decisions being quashed by the courts.

The consultation response and accompanying guidance also clarify several important aspects of the new system. Notably, large reserved matters applications involving 500 or more homes, or developments creating at least 50,000 square metres of floorspace, will remain eligible for committee scrutiny through the gateway process. This reflects concerns raised during consultation that major phased developments could have substantial long-term impacts and may warrant member oversight.

Planning Committees

Other significant changes include the decision to categorise Section 73 applications alongside their original planning permissions rather than automatically delegating them to officers. The guidance also allows planning committees to consider ‘own interest’ applications submitted by the authority itself, or by individuals connected to it, without needing to satisfy the gateway test where transparency and public accountability require member involvement.

In addition, planning committees will be capped at a maximum of 13 members, with authorities encouraged to consider whether smaller committees could support more effective decision-making.

As Paul points out: this still relies on planning officers making good decisions, which is never a guarantee. “With the best will in the world, planning officers can make poor decisions, overlooking critical information, but they can also make subjective decisions that mean they apply more weight to negatives than positives related to a proposed development.

“This is not necessarily a bad thing, professional judgement should be encouraged, nevertheless it is highly frustrating for developers and planning consultants, particularly if a subsequent appeal is allowed, meaning the planning officer’s refusal was the wrong decision.”

Looking ahead, the regulations require the Secretary of State to review the effectiveness of the NSOD by October 2028. For now, however, the focus for local authorities is clear: use the extra month wisely, ensure governance arrangements are updated, and prepare for a fundamental shift in how planning decisions are made.

And there’s one more consideration, Paul concludes: “In terms of speeding up the planning process, the National Scheme of Delegation could be a good thing, but for it to be especially effective the government should still find ways to encourage more people to join the planning profession so that the dearth of planning officers/consultants can be reversed. This will ensure that more time is available to make good-quality decisions on every planning application, including proper interaction and negotiation during the decision-making process.”

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