From 31 October 2026, the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 (2026 Regulations) come into force. In high level terms, the 2026 Regulations create a national framework governing which planning applications must be determined by officers and which applications might still find their way to planning committee.
Schedule 1 of the 2026 Regulations contains functions which must be delegated to officers. Schedule 2, perhaps counter-intuitively, does not contain functions which must be determined by committee. Officer determination for Schedule 2 development remains the starting point, but Schedule 2 includes applications which can be referred to committee if a statutory gateway is passed.
Schedule 2 development – the statutory gateway
For Schedule 2 development to reach committee, the nominated member and nominated officer must be of the view that it raises:
An economic, social or environmental issue of significance to the local area.
A significant planning matter, having regard to the development plan and other material considerations.
And agree to refer the application to a committee.
We provide a quick-reference guide to the types of applications which fall within each category below:
National Scheme of Delegation toolkit
Application | Schedule 1 (must delegate to officers) | Schedule 2 (officer determination unless gateway test satisfied) |
Other applications for planning permission (ie, not householder, minor commercial or minor residential) | X | |
Listed building consent | X | |
Variation/discharge of listed building consent conditions | X | |
Planning application connected with a Schedule 2 listed building application | X (albeit it might otherwise have fallen within Schedule 1) | |
Advertisement consent | X | |
Tree preservation order consent | X | |
Retrospective applications under s.73A | X | |
Approval of reserved matters | X (unless relating to a "large outline planning permission", being the provision of 500+ dwellings and/or the provision of a building or buildings where the floorspace to be created by the development is 50,000 square metres or more) | X (where relating to a "large outline planning permission") |
Section 73 application | X (where the previous planning permission was Schedule 1) | X (where the previous planning permission was Schedule 2) |
Modification/ discharge of s.106 obligations | X (where the obligation is connected to a Schedule 1 application) | X (where the obligation is connected to a Schedule 2 application) |
Own interest applications (being applications by the LPA, a member or an officer) | X (these applications can be referred to committee where the nominated officer and nominated member agree and can apply to applications falling within either Schedule 1 or Schedule 2) | X |
Non-material amendments | X | |
Discharge of planning conditions | X | |
Minor commercial development (development of an existing building or part of a building currently in use for any of the purposes falling within Part A of the Schedule to the Use Classes Order or an application for any consent, agreement or approval required by or under a planning permission, development order or local development order in relation to such development) | X | |
Minor residential development (dwellings and development for purposes incidental to the enjoyment of dwelling, 1–9 dwellings on a site smaller than 0.5 hectares) | X | |
Householder development | X | |
Certificates of lawfulness | X | |
Prior approval (or determination as to whether prior approval is required) under permitted development rights | X | |
Biodiversity gain plans | X | |
Certificates of lawfulness for proposed listed building works | X | |
Permission in principle | X |
Conclusions
Taken as a whole, the reforms are likely to narrow the day-to-day role of planning committees. In practice, committee involvement will likely be concentrated on larger-scale development and proposals involving potentially harmful works to listed buildings. Even then, committee consideration is not automatic, the application must fall within Schedule 2, satisfy the statutory gateway, and the referral to committee must secure the agreement of both the nominated officer and nominated member. Smaller, more technical and routine decisions will, for the most part, sit firmly with officers.
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