New National Scheme of Delegation comes into force

The National Scheme of Delegation for planning decision-making came into force on 31 October 2026, marking a significant change in how planning applications are determined across England. We have explored the new arrangements including the distinction between Schedule 1 and Schedule 2 applications and the referral criteria in our previous article.

Resistance to changes

As the new National Scheme of Delegation takes effect, its implementation has not been without controversy.

At least four Councils have refused to approve changes to their constitutions to reflect the National Scheme of Delegation. The decisions were taken despite officer advice, with concerns raised locally about the effect of the new arrangements on democratic involvement in planning decisions. This creates potentially significant legal and governance risks for authorities whose constitutions have not been brought into line with the statutory framework. With potential delays in determining Schedule 2 applications, procedural challenges and an increase in appeals for non-determination expected consequently. 

In response to this trend a spokesperson for the Ministry of Housing, Communities and Local Government has outlined to Planning Resource that where councils have not adopted the constitutional amendments, planning officers will still be able to make decisions on applications in accordance with the new national scheme of delegation, potentially creating tensions between planning officers and local councillors. 

What happens next?

The coming weeks should provide the first indication of practical implications of the National Scheme of Delegation and how the decision-making process for Councils that have resisted implementation will be impacted.

We are already seeing the impact of the new arrangements. We are aware of several applications where determination has been delayed until the National Scheme of Delegation comes into force, enabling those applications to be determined under delegated powers rather than being referred to planning committee.

As the new arrangements bed in, it will be important to watch how the scheme continues to be implemented across different councils and what is the longer-term impact on the planning decision-making process. It will be interesting to see whether increased use of delegated powers translates into more streamlined decision-making, particularly for smaller sites, and accelerate delivery of development.

If you have questions or would like to discuss further, please contact a member of our Planning & Environment team.