Major Changes To Determination Of Planning Applications To Come Into Effect

Major changes to the way in which local authorities must determine applications will come into effect on 31 October 2026.

The changes will mean that specified applications must be determined by an officer, not a planning committee, including:

1. A minor residential application i.e. up to 9 dwellings on less than 0.5 hectares
2. A section 73 application to vary conditions
3. A section 96A application for non material amendments
4. An application for a certificate of lawfulness/lawful development certificate (proposed or existing)
5. A reserved matters application relating to a permission for up to 500 dwellings or up to 50,000 sq. metres of buildings
6. An application to discharge a condition
7. A prior approval application
8. An application for permission in principle
9. A householder application
10. An application for a certificate of appropriate alternative development

However, certain types of applications can be referred to a planning committee (which must comprise no more than 13 members) if the member and officer who are nominated by the Council decide that the application raises:

(i) one or more issues of economic, social or environmental significance to the local area; or (ii) one or more significant planning matters having regard to the development plan and material considerations.

The types of applications which may be referred to committee include:

1. An application for more than 9 dwellings on more than 0.5 hectares
2. An application for listed building consent or to vary or discharge listed building consent conditions
3. An application for retrospective planning permission
4. A reserved matters application relating to a permission for more than 500 dwellings or more than 50,000 square metres of buildings

Where a local authority follows the wrong decision-making route, for example a committee grants planning permission on an application which should have been delegated, its decision would be open to challenge by way of judicial review.

The changes will almost certainly result in fewer applications being determined by planning committees. At present, a significant number of applications (particularly for housing) are refused by committee against an officer recommendation that they be approved, but then overturned on appeal.

Contact our Planning Solicitors

For developers, landowners and homeowners, these changes make it important to understand who should determine an application and whether the correct process has been followed. Considering this early can help identify potential issues before a decision is made and reduce uncertainty around the next stage of a project.

Whether you are preparing an application or have concerns about a decision, our Planning solicitors can advise on the new delegation rules, review the approach taken by the local authority and explain your options if the decision-making process is open to challenge.

Contact our team to discuss your application or planning decision.

 Contact Our Solicitors