The Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026

Published: Tue 21st Jul 26

These regulations mandate how local planning authorities in England must distribute decision-making powers between elected member committees and unelected officers for various types of planning applications.

The instrument requires smaller-scale applications, such as householder and minor residential projects, to be determined by officers, while allowing larger or more significant developments to be referred to a committee of no more than 13 members.

These requirements apply to all relevant local planning authorities in England beginning 31 October 2026.

Arguments For

The regulations aim to streamline the planning process by mandating that specific categories of applications, such as householder and minor residential developments, be determined by officers rather than committees.
Proponents argue these measures ensure that committee resources are focused on applications of significant local economic, social, or environmental importance.
The document states that established criteria for referring 'Schedule 2' applications to committees will provide a consistent framework for local planning authority (LPA) decision-making.
The order imposes a maximum committee size of 13 members to facilitate efficient deliberation on planning matters.

Arguments Against

Local government bodies may argue that mandating officer delegation reduces the democratic oversight of smaller-scale developments by elected councillors.
Legal scholars might note that the 'own-interest' referral process in Regulation 6 leaves significant discretion to nominated members and officers, which could lead to inconsistent application across different authorities.
Critics may suggest that the rigid cap of 13 members for planning committees interferes with the internal governance and constitutional autonomy of local authorities.
Planning consultants may identify ambiguity in the definitions of 'economic, social or environmental significance' used to justify committee referrals, potentially leading to legal challenges over the interpretation of 'significant planning matters'.

-(1) These Regulations may be cited as the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026.

(2) These Regulations come into force on 31st October 2026.
(3) These Regulations extend to England and Wales, but only apply in relation to England.

This section establishes the official name of the regulations and sets the commencement date for 31 October 2026.

It specifies that the legal requirements apply exclusively to local planning authorities within England.

-(1) In these Regulations-

'arrangements' means arrangements by local authorities under section 101 of the 1972 Act;

'committee', in relation to a relevant local planning authority, means a committee or subcommittee of that authority;

'DMPO' means the Town and Country Planning (Development Management Procedure) (England) Order 2015;

'dwelling' means a house or a flat;

'excluded flat development' means development in respect of a building containing flats, or development within the curtilage of such a building, that involves either or both of-

(a) a change of use;
(b) a change to the number of flats;

'flat' means a separate and self-contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;

'householder application' has the same meaning as in DMPO as it has effect when these Regulations come into force;

'large outline permission' means an outline planning permission which permits development involving either or both of-

(a) the provision of 500 or more dwellings;
(b) the provision of a building or buildings where the floorspace to be created by the development is 50,000 square metres or more;

'Listed Buildings Act' means the Planning (Listed Buildings and Conservation Areas) Act 1990;

'minor commercial application' has the same meaning as in DMPO as it has effect when these Regulations come into force;

'minor residential application' means-

(a) an application for planning permission for development that-
(i) includes only dwellings and development for purposes incidental to the enjoyment of dwellings,
(ii) comprises at least one but not more than nine dwellings, and
(iii) is to be carried out on a site having an area smaller than 0.5 hectares;
(b) an application for planning permission for development (other than excluded flat development) of a building containing flats, or development within the curtilage of such a building, for any purpose incidental to the enjoyment of the flats or any of the flats; or
(c) an application for any consent, agreement or approval required by or under a planning permission, development order or local development order for development within paragraph (a) or (b);

'nominated member' has the meaning given in regulation 3;

'nominated officer' has the meaning given in regulation 3;

'outline planning permission' has the same meaning as in DMPO as it has effect when these Regulations come into force;

'own-interest application' has the meaning given in regulation 6;

'reserved matters' has the same meaning as in DMPO as it has effect when these Regulations come into force;

'reserved matters approval application' means an application for the approval of reserved matters;

'Schedule 1 application' means an application that-

(a) is of a kind specified in Schedule 1 to these Regulations,
(b) is not a Schedule 2 application, and
(c) is not an own-interest application;

'Schedule 2 application' means an application that-

(a) is of a kind specified in Schedule 2 to these Regulations, and
(b) is not an own-interest application;

'TCPA 1990' means the Town and Country Planning Act 1990.

(2) Where an application is to be determined by an officer of a relevant local planning authority pursuant to arrangements made under regulation 4, 5(2) or 6(3), the authority must not make arrangements that limit the officer's discretion as to how to determine that application.

(3) Where arrangements are in force under section 101(1)(b) of the 1972 Act for an application made to a relevant local planning authority ('A') to be determined by another relevant local planning authority ('B'), these Regulations apply in relation to that application as though it had been made to B instead of A.

(4) Where arrangements are in force under section 101(5) of the 1972 Act for two or more relevant local planning authorities to discharge any of their functions jointly, these Regulations apply in relation to those functions as if-

(a) references to a committee of a relevant local planning authority included references to a joint committee of those authorities;
(b) references to an officer of a relevant local planning authority included references to an officer of any of those authorities.

This section provides technical definitions for the terms used throughout the regulations, such as defining 'minor residential application' as developments of 1 to 9 dwellings on sites under 0.5 hectares.

It explicitly prohibits local authorities from restricting an officer's individual discretion when they are tasked with determining an application.

It also ensures the rules apply consistently when authorities work together or delegate functions to another council.

-(1) A relevant local planning authority may nominate-

(a) a member of the authority to act as the nominated member for the purposes of regulations 5 and 6;
(b) an officer of the authority to act as the nominated officer for the purposes of regulations 5 and 6.

(2) When nominating a member or officer under paragraph (1), a relevant local planning authority may-

(a) nominate different members or officers for different purposes;
(b) provide for substitute nominated members or nominated officers.

Local authorities are permitted to appoint a specific elected member and a specific staff officer to oversee the referral of planning applications to committees.

Authorities have the flexibility to appoint different individuals for different types of applications or to name substitutes to cover for the primary nominees.

A relevant local planning authority must make arrangements so that any Schedule 1 application made to that authority is determined by an officer of that authority.

This provision mandates that all planning applications listed in Schedule 1, such as certificates of lawfulness and householder applications, must be decided by a council officer.

This removes these specific application types from the jurisdiction of elected member committees, provided they do not involve council interests or conflict with Schedule 2.

-(1) A relevant local planning authority must make arrangements so that any Schedule 2 application made to that authority is determined in accordance with paragraphs (2) to (4).

(2) Any Schedule 2 application that is not referred to a committee in accordance with paragraph (3) must be determined by an officer of that authority.

(3) The nominated member and nominated officer may agree to refer a Schedule 2 application to a committee if in their view it raises-

(a) one or more issues of economic, social or environmental significance to the local area, or
(b) one or more significant planning matters having regard to the development plan and any other material considerations.

(4) In considering whether to make a referral under paragraph (3), the nominated member and the nominated officer must have regard to any relevant guidance issued by the Secretary of State under section 319ZZE(4) of TCPA 1990.

For more complex applications listed in Schedule 2, such as listed building consents or larger residential projects, the default decision-maker is an officer.

However, the nominated member and officer may collectively decide to move the decision to a committee if they believe the case has substantial local significance or involves major planning issues.

They are legally required to follow central government guidance when making this referral decision.

-(1) An own-interest application is an application to a relevant local planning authority of a kind specified in Schedule 1 or Schedule 2 to these Regulations where-

(a) the application is made (whether or not jointly with any other person) by or on behalf of-
(i) that authority,
(ii) a member of that authority, or
(iii) an officer of that authority, or
(b) in the view of the nominated member and the nominated officer, the authority or any of its members or officers otherwise has an interest in the application.

(2) A relevant local planning authority must make arrangements so that any own-interest application made to that authority is determined in accordance with paragraphs (3) to (5).

(3) Any own-interest application that is not referred to a committee in accordance with paragraph (4) must be determined by an officer of that authority.

(4) The nominated member and nominated officer may agree to refer an own-interest application to a committee.

(5) In considering whether to make a referral under paragraph (4), the nominated member and the nominated officer must have regard to any relevant guidance issued by the Secretary of State under section 319ZZE(4) of TCPA 1990.

Special rules apply to planning applications where the local authority itself, its members, or its staff have a personal or financial interest.

While these 'own-interest' applications are still determined by officers by default, the nominated member and officer have the discretion to refer them to a committee for a public decision.

This process is likewise subject to statutory guidance from the Secretary of State.

A committee determining an application pursuant to arrangements under regulation 5 or 6 must not comprise more than 13 members.

This section places a strict legal limit on the size of any planning committee or subcommittee that decides applications under these regulations.

No such committee is permitted to have more than 13 members present for the determination of an application.

-(1) By 31st October 2028, the Secretary of State must-

(a) carry out a review of these Regulations, and
(b) publish a report setting out the conclusions of the review.

(2) The review must, in particular-

(a) set out the objectives intended to be achieved by these Regulations,
(b) assess the extent to which those objectives are achieved,
(c) assess whether those objectives remain appropriate, and
(d) set out any proposals for amending these Regulations.

The Secretary of State is required to evaluate the effectiveness and relevance of these regulations by 31 October 2028.

The findings of this evaluation, including any suggestions for changes, must be published in a formal report.

Schedule 1

Applications that must be determined by an officer

An application made under section 17(1) of the Land Compensation Act 1961 (certificates of appropriate alternative development).
An application made under section 26H(1) of the Listed Buildings Act (certificate of lawfulness of proposed works).
A householder application.
A minor commercial application.
A minor residential application.
An application for permission in principle.
-(1) An application made under section 73(1) of TCPA 1990 (application to develop land without compliance with conditions previously attached) in respect of which the original planning permission was a Schedule 1 planning permission.

(2) In this paragraph-

'original planning permission' means a planning permission which is the first in a sequence of two or more planning permissions, where the second and any subsequent planning permissions were granted under section 73(1) of TCPA 1990;

'Schedule 1 planning permission' means a planning permission granted pursuant to an application which is of a kind specified in this Schedule.

An application made under section 96A(4) of TCPA 1990 (non-material changes to planning permission or permission in principle).
-(1) In respect of a planning obligation that the authority concerned considers is connected with a Schedule 1 approval-

(a) a request to agree to modify or discharge that obligation under section 106A(1)(a) of TCPA 1990 (modification and discharge of planning obligations);
(b) an application to modify or discharge that obligation under section 106A(3) of TCPA 1990 (modification and discharge of planning obligations).

(2) In this paragraph, 'Schedule 1 approval' means any permission, agreement, consent or approval (other than a planning obligation) pursuant to an application which is of a kind specified in this Schedule.

An application made under section 191(1) of TCPA 1990 (certificate of lawfulness of existing use or development).
An application made under section 192(1) of TCPA 1990 (certificate of lawfulness of proposed use or development).
The submission of a biodiversity gain plan under paragraph 13(2)(a) of Schedule 7A to TCPA 1990.
A reserved matters approval application in respect of an outline planning permission other than a large outline permission.
An application made under article 27(1) of DMPO (applications made under a planning condition).
An application pursuant to provision in Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 for-

(a) prior approval, or
(b) a determination as to whether prior approval is required.

This Schedule lists the specific categories of applications that local authorities must delegate to officers.

It includes common requests such as certificates of lawfulness, householder applications, minor residential and commercial developments, and applications for non-material changes to existing permissions.

Schedule 2

Applications that may be determined by a committee or by an officer

An application for listed building consent made under section 10(1) of the Listed Buildings Act (making of applications for listed building consent).
An application made under section 19(1) of the Listed Buildings Act (variation or discharge of conditions of listed building consent).
An application for planning permission that the authority concerned considers is connected with an application of a kind specified in paragraph 1 or 2.
An application for planning permission that is not-

(a) a householder application,
(b) a minor commercial application, or
(c) a minor residential application.

-(1) An application made under section 73(1) of TCPA 1990 (application to develop land without compliance with conditions previously attached) in respect of which the original planning permission was a Schedule 2 planning permission.

(2) In this paragraph-

'Schedule 2 planning permission' means a planning permission granted pursuant to an application which is of a kind specified in this Schedule.

An application made under section 73A(1) of TCPA 1990 (planning permission for development already carried out).
-(1) In respect of a planning obligation that the authority concerned considers is connected with a Schedule 2 approval-

(a) a request to agree to modify or discharge that obligation under section 106A(1)(a) of TCPA 1990 (modification and discharge of planning obligations);
(b) an application to modify or discharge that obligation under section 106A(3) of TCPA 1990 (modification and discharge of planning obligations).

(2) In this paragraph, 'Schedule 2 approval' means any permission, agreement, consent or approval (other than a planning obligation) pursuant to an application which is of a kind specified in this Schedule.

A reserved matters approval application in respect of a large outline permission.
An application made under regulation 9(1) of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (application for express consent to display advertisement).
An application made under regulation 16(1) of the Town and Country Planning (Tree Preservation) (England) Regulations 2012 (application for consent under tree preservation order).

This Schedule identifies the application types that may be referred to a committee or determined by an officer.

These include listed building consents, retrospective planning applications, larger scale developments not covered by Schedule 1, and applications regarding advertisements or tree preservation orders.

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