The National Scheme of Delegation (NSD)

Background

The Council exercises its planning functions in accordance with Section 101 of the Local Government Act 1972 and the Town and Country Planning Act 1990. Historically, the Council’s Constitution has included a locally determined Planning Scheme of Delegation setting out which planning decisions are taken by Planning Committee and which are delegated to Officers. Across England, these local schemes have varied in scope and operation, resulting in differing approaches to delegation and Committee involvement. The National Scheme of Delegation has been introduced to provide a consistent statutory framework for the discharge of planning functions, reducing variation and providing greater clarity about the respective roles of Planning Committees and Officers.

The Planning and Infrastructure Act 2025 introduced new sections 319ZZC to 319ZZF into the Town and Country Planning Act 1990, enabling the Secretary of State to prescribe, through regulations, how specified planning functions must be discharged by local planning authorities. These provisions establish a statutory National Scheme of Delegation, which takes precedence over previous locally‑determined delegation arrangements. From the implementation date all local planning authorities will work to the same national scheme of delegation.

The Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026, supported by statutory guidance published on 1 June 2026, set out a mandatory national framework determining which planning applications must be decided by Officers and which may, in defined circumstances, be referred to Planning Committee. From 31 October 2026, the exercise of planning functions must follow the statutory delegation arrangements. Where decisions are taken by Planning Committee on matters that are required to be delegated, these decisions may be subject to legal challenge.  

The National Scheme of Delegation introduces a presumption in favour of Officer determination for the majority of planning applications. It identifies categories of applications that must always be delegated to Officers and provides that other applications may only be referred to Planning Committee where the statutory referral criteria are met and where both the nominated officer and nominated Member agree that referral is appropriate. The Regulations also remove the ability for local authorities to operate discretionary call‑in mechanisms or other local referral triggers where these conflict with the national framework.

In light of these statutory changes, the Council has resolved to amend its Constitution and associated delegation arrangements to ensure full compliance with the National Scheme of Delegation at the Council meeting held on 21 September 2026.  Full details are available here.

Summary of Main Proposals

The proposals set out in this report are required to give effect to the National Scheme of Delegation of planning functions introduced through the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 and the associated statutory guidance published on 1 June 2026.

The National Scheme establishes a mandatory, nationally consistent framework which determines how planning decisions must be discharged by local planning authorities.  Under the National Scheme of Delegation, planning applications and related decisions are divided into prescribed categories: 

Applications falling within Schedule 1 of the Regulations must be determined by the Assistant Director for Planning, Leisure and Cultural Services or authorised Officers and may not be referred to Planning Committee.

Applications falling within Schedule 2 of the Regulations are delegated to Officers by default and may only be referred to Planning Committee in limited circumstances, in accordance with the statutory referral process.  Schedule 2 applications should only be referred to Planning Committee where at least one of the following statutory criteria is met:

(a) The application raises significant economic, social or environmental issues in the local area; or

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

Any referral must be jointly agreed in writing by:

(a)  The Assistant Director for Planning, Leisure and Cultural Services (or equivalent Officer); and

(b) The Nominated Member, being the Chair of Planning Committee (or a designated substitute where appropriate).

The National Scheme introduces a clear presumption in favour of Officer determination, with Planning Committee focusing on a smaller number of proposals that raise planning related economic, social or environmental issues of significance to the local area, or where referral is otherwise justified under the Regulations. This replaces previous locally‑determined thresholds, triggers or call‑in arrangements.

The National Scheme of Delegation also introduces statutory requirements in relation to transparency and reporting. The Council will put in place appropriate procedures to record and monitor referrals to Planning Committee in accordance with the Regulations and statutory guidance.  

The Regulations impose a maximum membership of 13 members for a Planning Committee. The Council’s Planning Committee already operates with a membership below this threshold and is therefore compliant; no change to committee size is proposed or required as part of these proposals.