The National Scheme of Delegation: what it means for planning decisions

Regulations due to come into force on 31 October will introduce a new framework governing how planning applications are determined by local planning authorities in England. The National Scheme of Delegation of Planning Functions is intended to standardise decision-making and reduce reliance on planning committees.

The latest figures show that 96% of planning applications in England are already determined under delegated powers, a figure that has remained stable since 2014[1]. These Regulations are expected to increase that proportion further.

How applications will be categorised

The Regulations divide applications into two broad categories.

Schedule 1 applications include:

• Householder applications
• Minor commercial development
• Minor residential development
• Applications for permission in principle

Schedule 2 applications comprise all other applications, together with related consents and applications, including:

• Major planning applications
• Applications for listed building consent and related variations
• Section 73 applications (where connected to a Schedule 2 application)
• Reserved matters approvals linked to large outline permissions
• Applications to modify or discharge planning obligations (where connected to a Schedule 2 application)

In practice, Schedule 2 applications generally cover more complex and strategically important development.

Most decisions will be made by officers

Schedule 1 applications must be determined by planning officers. For Schedule 2 applications, there is an “overriding presumption” in favour of determination by officers rather than by planning committee.

Referral to committee will only be justified if at least one of two statutory criteria is met:

• the application raises an economic, social or environmental issue of significance to the local area; or
• the application raises a significant planning matter, having regard to the development plan and other material considerations

This introduces a restrictive statutory test. In practice, the threshold for committee involvement will be high.

What counts as “significant”?

The guidance recognises that “significance” will vary by context, but indicates how this is likely to be interpreted in practice.

Examples of applications that may meet the threshold include:

• A large, multi-phase residential development, even if allocated in the local plan
• The loss of a community facility, such as a rural shop
• Works affecting a notable listed building in a town centre

By contrast, applications are unlikely to raise a significant planning matter where:

• They broadly comply with an up-to-date development plan and national policy; and
• Any initial technical objections from statutory consultees have been resolved

This points towards a more policy-led system in which compliant proposals are less likely to be subject to committee scrutiny.

Actions required before 31 October

Many local planning authorities currently operate “call-in” arrangements, allowing councillors to refer applications to committee, or provide for automatic referral where a certain number of objections are received.

These provisions will not be compatible with the new Regulations and will need to be revised. Authorities will therefore need to amend their constitutions before 31 October to align with the new framework.

The risks of non-compliance are material. Decisions taken by the wrong decision-maker may be vulnerable to judicial review and could be quashed, creating delay and cost.

A shift in decision-making?

The National Scheme of Delegation represents a clear shift towards a more streamlined, officer-led system of determining planning applications.

While this is likely to improve consistency and efficiency, it also raises questions about the role of elected members in the planning process. In particular, this may reduce opportunities for local political engagement in individual applications, particularly where proposals accord with the development plan.

Much will depend on how authorities interpret “significance” in practice and how sparingly committee referral is applied within the new statutory framework.

Key takeaways:

For local planning authorities:

• Constitutions should be updated before 31 October to remove non-compliant provisions
• Decision-making processes should align with the new statutory tests

For developers and promoters:

• A greater proportion of applications will be determined by officers
• The “significance” threshold will be critical in determining whether committee involvement is possible
• Decisions taken at the wrong level may be open to legal challenge
• The decision-making route and any assessment of significance should be clearly recorded by the authority

[1] Planning applications in England: January to March 2026 - statistical release - GOV.UK