Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026

We have published statutory guidance to help local authorities implement these new measures and we have asked the Planning Advisory Service to provide support and training.

I will briefly explain how the national scheme of delegation will work. It places planning applications into two categories. In Schedule 1 are those applications which must always be delegated to a planning officer. The types of application we are talking about here are for minor residential development of up to nine dwellings, minor commercial and householder development. Schedule 2 sets out those applications which may, subject to meeting a gateway test, be referred to a planning committee for decision, including larger applications for planning permission not in Schedule 1. The presumption is that Schedule 2 applications will continue to be delegated to officers. However, we recognise that there may be cases where committee scrutiny would be appropriate and that is where the gateway test comes in.

Local planning authorities will need to identify a nominated officer, usually the chief planner or equivalent, and a nominated member, normally the chair of the committee, to determine whether an application meets the criteria of the gateway test. The nominated officer and member will have to agree that a Schedule 2 application meets at least one of the following criteria before it can be referred to committee: where the application raises an economic, social or environmental issue of significance to the local area; or where the application raises a significant planning matter having regard to the development plan and any other material considerations. It is only where the nominated officer and member agree that at least one of those criteria is met that the application can be referred to committee. Otherwise, it will be determined by a planning officer.

We recognise that in the interests of transparency and propriety, regardless of whether the gateway criteria are engaged, it may sometimes be appropriate to refer applications where there is local authority involvement to the planning committee. We have therefore made specific provision for this in the regulations. The regulations also set a limit of 13 on the number of members on a planning committee to allow for focused and quality debates.

We have undertaken extensive consultation and engagement with a wide range of stakeholders on these measures—from an initial working paper in 2024, through debates on the Planning and Infrastructure Act 2025, two public consultations and many round tables and other events. We have listened to the differing views expressed and considered them carefully as we developed the final measures. I hope that noble Lords will join me in supporting the draft regulations.

Amendment to the Motion

The applications that reach committee are often those where the balance of decision-making is finer: where they have a significant impact on a community, where residents have genuine concerns, where there are competing planning considerations to be weighed, or where substantial developments will have a lasting consequence on the character of an area. Those are precisely the cases where we need democratic accountability. People will not always agree with the outcome of a planning decision, but they are far more likely to accept the decision if they have seen the arguments tested in public by elected representatives who are accountable to the communities they serve. That is democracy in action.

These regulations, as the Minister highlighted, generate a national framework governing how authorities must discharge planning functions, and they significantly narrow the discretion that authorities have traditionally exercised through their own constitutions and schemes of delegation. As the Minister said, all Schedule 1 applications will include minor residential applications for nine homes or fewer, minor commercial and householder developments, and discharge of planning conditions and reserved matters for applications of up to 500 homes. Schedule 2 applications, which are largely all others, are presumed to be determined by officers unless, at the gateway test, both the nominated officer, who is normally the chief planner, and the nominated councillor, who is normally the chair of committee, agree that it raises

“an issue of economic, social or environmental significance to the … area”

or a significant planning matter

“having regard to the development plan and any other material considerations”.

That is a dramatic reduction in the democratic accountability of the planning system.

Let us look at Schedule 1. The Government suggest that these arrangements relate to minor applications, but this needs to be seen in context. An application for nine homes in a small village is significant. If you happen to be a neighbour, that is significant. What happens when a site is agreed with the suggested nine homes but is subsequently brought back with 15 or 20 homes under reserved matters? That is not an unusual situation. For developments of up to 500 homes, all reserved matters, discharge of conditions and Section 106 arrangements would be determined by officers.

When members of the public hear “reserved matters”, they think of the colour of the front door and so forth, and I would be very happy with officers determining that, but that is not the case. Those of us who have dealt with planning applications for a number of years know that reserved matters generally involve the layout, design, density, highways, landscaping, drainage, open space, how many community facilities are there and so forth. These are not trivial decisions. When the Minister was leader of Stevenage Borough Council, would she have been happy with a 500-home development in the centre of Stevenage and not having any influence on the decision being made?

This may be bad, but it gets worse. The threshold for some of those more major applications, which could involve thousands of homes, going to committee requires a “significant” issue. That is a very high planning threshold.

There are other practical considerations. Going to planning committee provides an intermediate step that allows local councillors to have a discussion with planning officers to get those extra things. I can relate examples in my own ward where we successfully worked with the developer to get a few houses moved in a different direction so that they did not overlook and to get some additional funding for recreation.

The gateway test itself gives me cause for concern. If the nominated officer and the nominated member cannot agree that an application should come before the committee, it is automatically delegated to an officer. That default position seems the wrong way round. Where there is genuine disagreement, there should surely be a mechanism that allows democratic scrutiny rather than automatically bypassing it.

Finally, I question the decision to prescribe planning committee sizes through legislation. The Local Government Association has rightly pointed out that there is little evidence that committee size determines effectiveness. What it can affect is political balance and geographical representation, particularly as councils may become larger through local government reorganisation. Guidance would provide far greater flexibility than a statutory cap. Our councils are not resisting reform. They simply ask that the reform respects local democracy and recognises that one size does not fit all. For these reasons, I am pleased to support my noble friend’s regret amendment.

When I chaired the planning committee at Havering, I was always very careful about keeping the public involved in what was happening. I knew that, for quite a lot of people, that committee was the only contact they had with the democratic elements of our local council. So the way that committee was conducted and the results that it produced reflected more widely on the whole organisation—not just on the elected councillors, but on the nature of the body itself and the way that it was seen by the public.

I was clear that the committee was basically a shop window for the council. What these proposals do, sadly, is take a shop window and turn it into an opaque window through which things are seen happening inside, but no one is quite sure what they are, and we leave the public to draw their own conclusions about it. In the current political atmosphere, that is quite a dangerous thing to do. The conclusions that people draw may not always be logical, and they may not always be fair to the people involved. This puts a lot of weight on our council officers as well, which quite often they do not want to have to take on.

My noble friends have dealt in detail with a lot of the inadequacies in the legislation. I had a fair bit I wanted to say, but I am mindful of the time and I promise the Whip that I will not run over. Still, I wonder—perhaps the Minister can explain it to us —how this set of regulations will pass the Makerfield test.

The suggestion is that referral could be by the gateway test, but that would be through an agreement between the head of development control or the named person and the planning committee chairman. They need to agree on the rationale and, as my noble friend Lady Eaton has just said, when that does not happen, the decision should remain with members. We live in a democratic society. We all know that the majority of applications are not contentious and are determined by officers. But when there is a reason for transparency, surely there should be a mechanism to allow for determination by committee. Planning applications can greatly impact residents’ lives, so surely they should be able to witness and participate in the process. I hope the Minister will be able to reassure us that this SI does not water down the system.

The gateway proposals are a mere sop to democracy. This is the only way to get open and democratic planning decisions made. The gateway consists, as we have heard, of a senior planning officer and a senior councillor deciding—presumably, behind closed doors—whether an application should go to planning committee. They have to consider the strict test in the regulations of whether there are one or more issues of economic, social or environmental significance to the local area or whether the proposal raises one or more significant planning matters. As we have heard, if the planning officer and senior councillor disagree, by regulation the officer must refuse to take it to committee but decide it instead in the closed confines of the planning office. Further, councillor call-ins of applications are banned. Even though we are in a democracy, “banned” is the word that is used. The weight of residents’ objections is no longer of any consequence as to whether an application is considered in a democratic way.

In a nutshell, these regulations promote secret decision-making and are anti-democratic and centralising in nature. Accusations of nimbyism were thrown at my colleague, Gideon Amos MP, by the Secretary of State. It simply illustrates the paucity of the Government’s proposals when they have to resort to bullying slogans.

Liberal Democrats will support the noble Lord, Lord Jamieson, if he decides to call a vote. A fatal Motion to stop these dreadful regulations is the Liberal Democrat preference, but we are aware that the Conservative Benches have a policy of not supporting such Motions, which significantly reduces the chance of success. However, we urge creative thinking by Liberal Democrats on councils to find workable ways within the regulations for transparent and democratic decision-making.