The government's National Scheme of Delegation took effect on 31 October 2026, changing how planning decisions are made by local planning authorities (LPAs). Introduced by the Planning and Infrastructure Act 2025 and the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 (the 2026 Regulations), the new scheme gives planning officers a greater role in decision-making and limits the applications that can be referred to planning committees.

This insight considers the key changes and what LPAs and applicants need to consider now the new arrangements are in force.

What has changed?

The government's aim is to create greater consistency across the country in the role of planning committees, with elected members focused on determining more complex major developments.

The 2026 Regulations apply to LPAs and mineral planning authorities, but not development corporations, the Homes and Communities Agency, National Park Authorities or the Broads Authority.

The scheme introduces a two-tier system, dividing applications into Schedule 1 and Schedule 2 applications.

It also:

• introduces a new process for referring applications to committee
• removes member call-in and public referral powers
• limits committees determining applications under the Regulations to a maximum of 13 members.

Which decisions must be delegated to officers?

Schedule 1 applications must generally be determined by officers. These are typically minor applications and include:

• householder development
• minor commercial development
• minor residential development (which includes development of up to nine dwellings on sites below 0.5 hectares)
• section 73 applications where the related planning permission was a Schedule 1 planning permission
• reserved matters approval where the outline planning permission is for fewer than 500 dwellings or less than 50,000 square metres of floorspace
• discharge of conditions
• prior approval applications
• permission in principle
• non-material amendments
• section 106A applications where a planning obligation is connected to a Schedule 1 planning permission
• Biodiversity Gain Plans
• Certificates of Appropriate Alternative Development
• Certificates of lawfulness of existing or proposed use or development, and certificates of lawfulness for proposed works to listed buildings

There are important exceptions. An application that would otherwise be Schedule 1 must be treated as Schedule 2 in specified circumstances, including certain applications connected to listed building consent, retrospective applications under section 73A of the Town and Country Planning Act 1990, and certain applications involving an LPA, its members or officers, or entities it owns or controls.

When can Schedule 2 applications go to committee?

Unlike Schedule 1 applications, Schedule 2 applications may be referred to committee through a new gateway process. Under Regulation 5, both the nominated member and nominated officer must agree that the application concerns:

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

If they do not agree that referral is required, the application must be determined by the nominated officer.

Schedule 2 applications include:

• planning applications which are not householder, minor commercial or minor residential applications
• section 73 applications where the related planning permission was a Schedule 2 planning permission
• reserved matters applications relating to large outline permissions (500+ dwellings or 50,000+ square metres of floorspace)
• section 106A applications where a planning obligation is connected to a Schedule 2 planning permission
• listed building consent (LBC) applications (including variation or discharge of conditions on an LBC, and section 73 applications on planning applications connected to LBC applications)
• advertisement consents
• tree preservation order consents

What should LPAs consider now?

The changes have important implications for decision-making arrangements. In particular, a mandatory Schedule 1 application determined by a planning committee could be vulnerable to legal challenge and potentially quashed if found unlawful.

LPAs therefore need to ensure that their constitutions and decision-making processes reflect the new requirements.

The reforms shift greater responsibility to planning officers, with the intention of creating more consistent decision-making. They also reduce the circumstances in which elected members and the public can influence whether an application reaches committee.

Capsticks' view

The National Scheme of Delegation represents a significant change to the relationship between officers and planning committees. For LPAs, the immediate priority is ensuring that constitutions and internal processes accurately reflect the new scheme. Clear arrangements for nominated officers and members, and for applying the Schedule 2 gateway criteria, will also be important to ensure decisions are made through the correct route.

For applicants, removing Schedule 1 applications and some Schedule 2 applications from committee consideration is intended to support quicker decision-making and, in turn, speed up the delivery of development.

Whether the changes deliver those benefits in practice remains to be seen. The Secretary of State is required to review the 2026 Regulations by 31 October 2028.

How Capsticks can help

Our specialist planning lawyers can support local planning authorities with the implications of the National Scheme of Delegation, including amending constitutions to reflect the new requirements.

If you have any queries about the changes and what they mean for your authority, please speak to Principal Associate Linda Boateng or another member of the Planning team to find out more about how Capsticks can help. This insight was prepared with the assistance of Trainee Associate Carla Masili.