A new era for planning decisions: The National Scheme of Delegation explained
Updated guidance on the National Scheme of Delegation
The Government published updated guidance on the National Scheme of Delegation on the 1st June 2026. This marks a major shift towards a more officer-led planning system, with restrictions on what type of application can be referred to planning committee. Routine and policy-compliant applications are expected to stay out of committee, councillor call-ins are curtailed, and committees are intended to focus only on genuinely significant or contentious planning applications. We provide a succinct summary below.
The intention is that committees focus on major or genuinely significant planning matters, while officers determine routine and technical cases. The changes proposed will be coming into effect on 31st October 2026 and are intended to bring greater consistency across England in respects to decision making and reducing the overall number of planning application going to planning committee.
The system creates two broad categories:
Schedule 1 – applications that must be decided by planning officers in all cases
Schedule 2 – applications that are presumed to be officer-decided, unless specific’ referral tests are met and senior decision-makers agree they should go to committee
Get in touch
Schedule 1: Mandatory officer decisions
These applications must be decided under delegated powers to officers and cannot go to committee (except some council “own-interest” cases). Examples of Schedule 1 applications include:
householder applications (extensions, lofts, etc.)
minor commercial development
minor residential development (up to 9 homes on sites under 0.5 hectares)
where it is not related to a phase of development in an outline planning permission, reserved matters approvals
discharge of conditions
prior approval for permitted development rights
Permission in principle
Requests to agree or modify a planning obligation that relates to a schedule 1 development
Non-Material Amendment applications to a planning permission or permission in principle
Certificates of lawfulness
Biodiversity net gain plan
Certificates of appropriate alternative development
Any of the above applications will fall into Schedule 2 if any of the following occur:
The Local Planning Authority considers that the Schedule 1 application is for planning permission that is connected to a Schedule 2 application for Listed Building Consent or for the variation or discharge of condition to a Listed Building Consent
An application that would be Schedule 1 but is made under s73A of the Town and Country Planning Act (retrospective planning permission)
Any application that is made by or on behalf of a Local Authority, a member of that Local Authority or an entity owned or controlled by the Local Authority
The changes will result in a greater share of day-to-day planning applications to be handled by planning officers as opposed to being referred to planning committee.
Schedule 2: Committee referral becomes the exception
Larger or more complex applications fall into Schedule 2, but there is still a strong presumption for officer determination. A case can only go to committee if:
It meets at least one statutory significance test under Regulation 5(2) or is an application made by or on behalf of the Local Authority, or member or officer of that authority or an entity owned or controlled by that that authority or any of its members or officers (Regulation 6), and
a nominated planning officer and nominated committee member both agree to refer it
If they cannot agree, the application stays with officers.
Referral tests and what counts as significant?
Committee referral should be exceptional, not routine. At least one of these tests must apply for a referral to planning committee:
a significant planning matter in relation to the development plan or material considerations; or
a significant economic, social, or environmental issue for the local area
The guidance says cases are unlikely to justify committee referral if they broadly comply with an adopted local plan and technical concerns (e.g., highways or flooding) have been resolved.
What else has changed?
A major change is that ward councillors will no longer be able to ‘call in’ applications. Applications will also now not be referred to Committee following a set number of public objections.
Council’s must amend their constitutions to align with the new National Scheme of Delegation.
Each authority must designate gatekeepers to decide jointly whether eligible cases should be referred to committee. This includes a senior planning officer (typically the chief planning officer), and a nominated committee member (typically the committee chair).
Planning committees/sub-committees must have no more than 13 councillors, and authorities are encouraged to consider smaller committees for more effective decision-making.
Legal risks for Council’s that do not comply
The guidance warns that if councils continue sending applications to committee contrary to the regulations after they take effect, decisions may be vulnerable to judicial review and potentially quashed.
The Local Planning Authority is advised to keep a record of the cases the nominated officer and nominated member have considered for referral to committee and reasons for their decision. This should be reported to the planning committee on a regular basis and made available on their website.
The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
Related expertise
Contact us today
Whatever your legal needs, our wide ranging expertise is here to support you and your business, so let’s start your legal journey today and get you in touch with the right lawyer to get you started.
Get in touch
For general enquiries, please complete this form and we will direct your message to the most appropriate person.