From 31 October 2026, a national scheme of delegation changes who determines many planning applications in England. Under the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 (SI 2026/854), specified applications must be determined by planning officers, while others are generally delegated unless the statutory referral criteria are met.
For developers and contractors, the change affects the route to a planning decision. It does not remove the need for planning permission, change the substantive merits of an application or guarantee a faster consent.
What has changed?
The scheme, introduced under sections 319ZZC–319ZZF of the Town and Country Planning Act 1990 following the Planning and Infrastructure Act 2025, replaces several local practices for deciding whether an application goes to committee. The regulations were made on 15 July 2026 and came into force on 31 October 2026. The government announced implementation on 30 October.
Many local authority schemes previously allowed ward councillors to call applications in, or treated a threshold number of objections as a reason for committee consideration. Under the national approach, those local triggers no longer operate in the same way for applications covered by the regulations.
Which applications must be decided by officers?
Schedule 1 generally requires officer decisions. It covers householder development, minor commercial development and specified minor residential development. One minor-residential category is development involving one to nine dwellings on a site of less than 0.5 hectares, subject to the regulation’s complete definition.
Schedule 1 also covers several other functions, including many discharge-of-condition applications, certain reserved matters, prior approvals, non-material amendments, certificates of lawfulness and biodiversity gain plans.
There are qualifications. For example, certain retrospective applications under section 73A and applications linked to listed-building matters move into Schedule 2. There are special arrangements for applications involving the authority’s own interests. Project teams should check the precise function rather than relying on the size of the site alone.
When can an application go to committee?
Schedule 2 covers applications not in the main Schedule 1 categories, including many larger developments and listed-building matters. The presumption is still an officer decision. A referral to committee requires agreement between the nominated planning officer and nominated committee member and at least one specified criterion.
Those criteria concern an economic, social or environmental issue of significance to the local area, or a significant planning matter in light of the development plan and other material considerations. Not every Schedule 2 application has to be individually considered for referral: local authorities can have proportionate internal arrangements.
Own-interest applications, such as those made by or involving a local authority or its officers or members, have separate referral rules. Where the relevant planning function is listed in neither schedule, the authority retains discretion under its arrangements.
Why does this matter for construction and development businesses?
Planning decisions sit on the critical path for many developments. The route to determination can affect how a project team plans committee reports, technical updates, stakeholder discussions and expected decision dates.
Small residential developers and businesses improving premises should identify whether an application is now required to be determined by officers. For larger schemes, the possibility of a committee referral remains, but under a more defined test.
The change may also affect applications already awaiting decision. The guidance says the new rules apply from commencement, and local councils have indicated that undetermined applications can be affected. A previously expected committee date should therefore be checked with the case officer.
Neighbour objections and local representations can still be submitted and assessed as material planning considerations. A delegated decision is not an automatic approval or a decision without scrutiny.
What should project teams do now?
- Check the application type. Establish whether the proposed decision is within Schedule 1, Schedule 2, an own-interest provision or an unlisted function.
- Confirm the route with the council. Look for its updated constitution or scheme of delegation and ask the case officer if a committee decision is still expected.
- Revisit live applications. Check the effect of the 31 October commencement on undetermined schemes, including any historic call-in.
- Keep the planning evidence complete. Planning policy, highways, drainage, design, heritage and other technical matters still determine the merits of the application.
- Review contractual programming. Do not assume the new scheme shortens the statutory determination period or removes other consents, Building Regulations approvals or building-safety gateways.
- Check exceptional cases carefully. Listed-building applications, retrospective applications, major reserved-matters schemes and authority-owned land may need different treatment.
What the rules do not do
The national delegation scheme does not guarantee planning permission and does not itself amend the building contract. It applies to the specified planning authorities and functions in England; the statutory guidance identifies exclusions for certain authorities. A council that uses the wrong decision route risks a legal challenge. The government’s separate AI planning-tool trials are not the legal basis of this change and should not be presented as guaranteed time savings.
Verifiable sources
- Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026, SI 2026/854 — made 15 July 2026; in force 31 October 2026 (primary legislation).
- Planning Committees and the National Scheme of Delegation of Planning Functions — Ministry of Housing, Communities and Local Government, statutory guidance, 1 June 2026.
- Faster planning decisions as new rules and AI tackle delays — Ministry of Housing, Communities and Local Government, 30 October 2026.
Need advice on a live matter?
HQ Law advises construction and engineering businesses on project contracts, risk allocation and disputes where permissions, delivery programmes and contractual commitments do not align. A live planning question may also require specialist planning advice.
This article provides general information only and is not legal advice on any particular planning application, building contract or dispute.