Issue - meetings

This report seeks approval to amend the Council’s Constitution to reflect the national scheme of delegation for local planning authority functions introduced by the Planning and Infrastructure Act 2025 and the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026, which come into force on 31 October 2026.

The Regulations significantly restrict the circumstances in which planning applications may be referred to Planning Committee and replace existing local referral mechanisms, including Ward Member call-ins and objection-based triggers. The report explains the distinction between Schedule 1 applications, which must be determined by officers, and Schedule 2 applications, which are presumed to be delegated unless the statutory gateway test is met and the nominated officer and nominated member agree referral to committee.

The recommended approach is to amend the Constitution to comply with the national scheme, establish nominated officer and nominated member arrangements, retain appropriate transparency through decision records and reporting, and provide clear information for Members and the public.

While the Council has limited discretion over the national requirements, the proposed amendments are intended to ensure lawful implementation, reduce the risk of legal challenge, and maintain effective, transparent and accountable planning decision-making.