Are you ready for the National Scheme of Delegation? Planning decision-making changes from 31 October 2026

From 31 October 2026, relevant local planning authorities across England will be required to operate under a new national framework governing whether planning applications are determined by officers or planning committees. With the commencement date fast approaching, local authorities should be checking that their constitutions, committee arrangements and internal processes are ready for the changes.

What is the National Scheme of Delegation and how does it operate?

Introduced through the Planning and Infrastructure Act 2025, with the detail set out in the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026, the National Scheme of Delegation represents a significant change to local planning decision-making. The Government's objective is to provide greater clarity and consistency between the roles of officers and elected members, while enabling planning committees to focus on proposals of greater local significance.

The National Scheme of Delegation introduces two principal categories of application, together with separate arrangements for own interest applications:

• Schedule 1 applications must generally be determined by officers, subject to the separate provisions applying where an application also falls within Schedule 2 or is an own interest application. This schedule includes householder developments, minor commercial and minor residential developments, and a wide range of other specified planning consents.
• Schedule 2 applications are presumed to be delegated to officers unless the nominated officer and nominated member agree the application should be referred to a planning committee where justified. Referral is permitted where an application raises issues of economic, social or environmental significance to the local area or other significant planning matters.

The effect of these reforms is a move away from locally determined schemes of delegation towards a more consistent national approach to deciding which applications reach committee.

The reforms also provide that planning committees determining applications under the new arrangements must have no more than 13 members.

Countdown to 31 October 2026: what should local authorities be doing now?

The immediate priority for local authorities is ensuring that their governance and operational arrangements are ready for the October commencement date. In particular, local authorities should be considering:

• Reviewing (and amending where necessary) their constitutions and existing schemes of delegation – review existing schemes of delegation to reflect the new National Scheme of Delegation, including reviewing the existing routes by which applications are referred to committees and amending any provisions which are inconsistent with the new regulations (such as existing member call-in arrangements or other existing committee referral routes). Authorities failing to formally amend its constitutions to comply with the new national decision-making framework will face significant application backlogs.
• Identifying the nominated member and nominated officer – Authorities should identify the appropriate nominated officer (expected to be the Chief Planning Officer or equivalent officer with extensive professional planning experience) and nominated member (expected to be the chair of the planning committee or equivalent member), together with any substitutes or different nominees required for separate committees or functions. They should establish a transparent process for considering whether Schedule 2 applications should be referred to committee and recording such decisions, cases considered for deferral, the outcome, the reasons, regular reporting to the planning committee and publication on the local authority's website.
• Reviewing planning committee membership – make any necessary changes to comply with the new committee structures to ensure compliance with the new rules and committee arrangements.
• Updating procedures and systems – review and adapt planning processes and supporting materials, including case management systems and published guidance to ensure they operate effectively and reflect the new decision-making framework.
• Providing appropriate training – Officers and elected members will need a clear understanding of how the new regime operates, including when delegation is mandatory for Schedule 1 applications and when a decision falls within the Schedule 2 gateway.

Are local authorities embracing the National Scheme of Delegation?

The incoming reforms have already proved controversial in some local authorities, with members at Central Bedfordshire, Tameside, Bolton and (most recently) Fenland having voted against proposed constitutional changes intended to facilitate implementation of the new regime. Concerns raised by members have centred particularly on the perceived reduction in local democratic oversight and the more limited ability of elected members to bring planning applications before committee.

• Tameside Metropolitan Borough Council – members voted 26 to 22 against adopting the new National Scheme of Delegation, with members expressing concerns about removing decisions from elected councillors and reducing opportunities for public scrutiny.
• Central Bedfordshire Council – members rejected the proposed changes by 20 votes to 6 (with 23 abstentions) despite warnings about the legal and operational consequences of failing to have compliant arrangements in place.
• Bolton Council – members voted against proposed changes to implement the National Scheme of Delegation, amid concerns that the reforms would restrict residents' ability to object to development and elected councillors' ability to represent them.
• Fenland District Council – the most recent authority to reject the changes, with members voting unanimously against the proposed amendments on 19 October. Concerns centred on the perceived erosion of local democratic decision-making, despite officers warning that the new national framework for decision-making would apply irrespective of the Council's decision.

The key point for authorities is that local opposition does not remove the need to comply with the statutory changes once the Regulations come into force. Authorities that fail to amend their constitutions to reflect the new framework risk unlawful decision making, legal challenge and disruption or delay in determining applications. A failure to put appropriate arrangements in place creates a risk of disruption and delay in planning decision-making, as well as legal uncertainty over the validity of decisions

This makes the remaining period before commencement particularly important. Local authorities should be satisfying themselves now that they have a compliant and workable decision-making structure ready to operate on 31 October 2026. Failure to comply may render decisions susceptible to judicial review and, potentially, to being quashed.

Summary

The National Scheme of Delegation represents a significant shift towards greater consistency in planning decision-making across England. Its practical effect is likely to be fewer applications reaching planning committees, alongside a more structured route for determining which significant applications warrant member consideration.

If you would like to learn more about the National Scheme of Delegation and what the changes may mean for you, please get in touch with Womble Bond Dickinson's Planning & Infrastructure team.