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.

If you would like to discuss your own new project with us, or just find out more about what we do, please continue to browse the website or drop us an email to: info@apexplanning.co.uk without obligation.

The post Delegation Scheme Could Offer More Freedom appeared first on Apex Planning.

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.”

If you would like to discuss your own new project with us, or just find out more about what we do, please continue to browse the website or drop us an email to: info@apexplanning.co.uk without obligation.

The post Delay for NSOD implementation appeared first on Apex Planning.