Changes to how planning applications are decided from 31 October 2026

The Government has introduced national rules governing how planning decisions are made by councils in England.

Until now, councils have had greater freedom to set their own arrangements for deciding which planning applications are determined by officers and which are referred to Planning Committee.

The new National Scheme of Delegation creates a common framework which councils must follow from 31 October 2026.

This means some existing local arrangements, including automatic referral to Planning Committee following a councillor request or a particular number of objections, cannot continue in their current form.

• You can still comment on planning applications.
• Parish and town councils can still make representations.
• Ward councillors can still raise planning issues and represent their communities.
• Planning officers will still consider relevant planning matters raised through consultation.
• Applications will still be assessed against the development plan, national planning policy and other material planning considerations.
• Where an application is considered by Planning Committee, the Council’s arrangements for public participation will continue to apply.

The change is about who makes the final decision and how an application can reach Planning Committee.

An officer decision does not mean an automatic approval. Planning officers can approve or refuse applications depending on the planning merits of the case.

The national rules place some planning functions into Schedule 1.

Schedule 1 applications must normally be decided by planning officers.

Examples include:

• householder planning applications
• minor commercial development
• certain minor residential developments involving up to nine homes on a site smaller than 0.5 hectares
• many applications to discharge planning conditions
• many reserved matters applications
• prior approval applications
• permission in principle applications
• non-material amendments to planning permissions
• certificates of lawfulness
• biodiversity gain plans

There are some specific exceptions and this is not the complete legal list.

The important point is that a Schedule 1 application cannot be referred to Planning Committee simply because it attracts objections, is controversial locally or a councillor asks for committee consideration.

There are separate provisions for applications where the Council, a councillor or an officer has an interest.

Schedule 2 covers applications which can potentially be considered by Planning Committee.

Examples include:

• planning applications which do not fall within the relevant Schedule 1 categories, including major planning applications
• some applications to vary planning conditions
• reserved matters applications relating to very large outline planning permissions
• listed building consent applications
• advertisement consent applications
• applications for consent for works to trees protected by a Tree Preservation Order

However, Schedule 2 does not mean Planning Committee.

The national starting point is that Schedule 2 applications will also normally be determined by planning officers.

For a Schedule 2 application to be referred to Planning Committee, it must pass the new gateway process

For a Schedule 2 application to be referred to Planning Committee, at least one of two national criteria must be met.

Criterion A

The application raises an economic, social or environmental issue of significance to the local area.

Criterion B

The application raises a significant planning matter, having regard to the development plan and any other material considerations.

Meeting one of these criteria does not automatically mean that an application will go to Planning Committee.

The nominated planning officer and nominated councillor must also agree that the application should be referred to Planning Committee.

If agreement is not reached, the application must be determined by planning officers.

The Government guidance states that the starting point for Schedule 2 applications is officer determination and that referral to Planning Committee should be exceptional.

No.

The national rules do not require the nominated planning officer and nominated councillor to consider every Schedule 2 application for possible referral.

Where a Schedule 2 application is not considered for referral, it will be determined by planning officers.

Councillors can continue to raise representations about planning applications and represent their communities. They may support an application or raise concerns about it.

However, a request from a councillor will no longer, by itself, require an application to be considered by Planning Committee.

Where an application is eligible for consideration for referral, any decision to refer it must follow the new national arrangements.

This replaces the previous ability for local council constitutions to provide an automatic councillor call-in to Planning Committee.

Parish and town councils remain important consultees in the planning process.

They can continue to comment on planning applications and their representations will continue to be considered as part of the assessment of an application.

However, an objection or request from a parish or town council will not automatically mean that an application goes to Planning Committee.

Where an application falls within Schedule 2, any referral to Planning Committee must take place in accordance with the new national arrangements.

No.

Under the new national scheme, councils cannot use a particular number of objections as an automatic trigger for referral to Planning Committee.

The number of representations received may form part of the wider context around an application, but it does not determine whether the application goes to Planning Committee.

When the planning application itself is considered, what matters is the substance of relevant planning issues raised, rather than simply the number of comments received.

The national scheme contains separate arrangements for what are described as own interest applications.

These include applications made by the Council, a member or an officer, or applications where the Council or one of its members or officers has an interest.

These applications can be referred to Planning Committee where the nominated planning officer and nominated councillor agree that this should happen.

They do not need to meet the normal Schedule 2 gateway criteria.

These provisions allow appropriate committee consideration where there is a particular need for transparency and public accountability.

We want it to be clear how the new arrangements are being used.

We will keep a record of cases considered for referral through the gateway.

The record will include:

• the planning application
• the outcome of the consideration
• the reasons for the decision

This information will be made available through the Council’s website and published alongside other decisions made by the Council.

The register is available at all times and can be viewed here:

View Wealden’s published delegated decisions

This means there will be a public record where an application has been considered through the gateway, showing what was decided and why.

Major planning applications will generally fall within Schedule 2.

However, being a major application does not automatically mean that an application will be determined by Planning Committee.

It must still be considered under the new national arrangements and, where referral is proposed, satisfy at least one of the gateway criteria and secure the agreement of the nominated planning officer and nominated councillor.

The new national scheme narrows the circumstances in which some applications can be considered by Planning Committee.

Schedule 1 applications must be determined by planning officers.

For Schedule 2 applications, the national starting point is also officer determination, with referral to Planning Committee being the exception.

The number of applications considered by Wealden’s Planning Committees will depend on the applications received and how the national rules apply to individual cases.

The new national arrangements come into force on 31 October 2026.

Planning decisions made from that date must comply with the new national scheme.

This means the new arrangements can affect applications which were submitted before 31 October but have not been determined before the new rules take effect.

The National Scheme of Delegation for Planning Functions comes into force on 31 October 2026.

From that date, Wealden must make relevant planning decisions in accordance with the new national arrangements.