National Scheme of Delegation: A ‘smash and grab’ challenge risk?

The Risk

The following statement (taken from the government’s most recent guidance) serves as a stark warning for local planning authorities who are not preparing to make the necessary changes to their constitutions to accommodate the National Scheme of Delegation (‘National Scheme’). 

For the avoidance of doubt, where local planning authorities do not comply with the regulations from the date they come into force (31 October 2026) and their planning committees make decisions on applications which must be delegated officers, those decisions may be subject to judicial review by anyone aggrieved by the decision. This may lead to the quashing of the decision.

From October then, it is clear that applications referred to the planning committee in circumstances where the National Scheme requires determination by officers will be vulnerable to legal challenge. 

The Context 

The government first consulted on its plans for the National Scheme in May 2025 – its stated aim being to “provide greater clarity and consistency about the about the role of planning committees in planning decision”.

The details of the National Scheme are now set out in the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 (‘the Regulations’). In short, it divides development into two Schemes: 

1. Scheme 1 development (including minor residential and commercial development, discharge of conditions) decisions will be delegated to and dealt with by Officers;
2. Scheme 2 development (large outline permission and matters not within Schedule 1) will be dealt with by officers unless it is agreed by the nominated officer (Chief Planning Officer or equivalent with extensive professional experience), and nominated member (chair of planning committee, or equivalent) that the decision should be referred to committee. 

It is this universal scheme of delegation which all local planning authorities will need to adopt. 

The Solution 

LPAs will need to amend their schemes of delegation to ensure that it aligns with the regulations and, specifically, to provide: 

1. that in all cases, Scheme 1 applications will be determined by officers under delegated powers;
2. that the default position in relation to Scheme 2 applications will be that officers will determine the application, unless the nominated officer and nominated member agree that the application should be referred to committee.

Importantly, the inclusion of provisions enabling ward councillors to call-in applications to the planning committee unilaterally will no longer be possible.

Conclusion

There is no doubt that local authorities must take note and prepare for the regulations coming into force by making the changes necessary to ensure that their scheme of delegation is operating in compliance with the regulations. This is rarely a quick process and often requires a full council meeting.

Weightmans local government and planning teams can support local authorities with targeted amendments to constitutions to facilitate adoption of the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026.