Planning Committees & the National Scheme of Delegation - A Guide to the 30 September Reforms

Introduction

The way planning applications are decided in England is about to change more fundamentally than at any point since 1990. Powers in the Levelling-up and Regeneration Act 2023 and the Planning and Infrastructure Act 2025 underpin a new national scheme of delegation, set out in draft Regulations and statutory guidance published by MHCLG on 26 March 2026 and expected to come into force on 30 September 2026.

For the first time, central government, not the individual council constitution, will dictate which applications must be decided by officers, which may go to committee and on what grounds.

Councillor call-in rights and objection-threshold triggers fall away, the gateway test becomes the only route to committee for most major schemes, committees are capped at 13 members, and questions of mandatory member training and separate strategic development committees remain live.

This virtual classroom seminar is designed for solicitors and in-house lawyers acting for local planning authorities, developers and Registered Providers, planning consultants, monitoring officers and senior planning officers who need a working command of the new framework before it bites. Content is focused on the law and practice of England.

What You Will Learn

This live and interactive course will cover the following:

• The New Statutory Framework
• New delegation powers under the Levelling-up and Regeneration Act 2023 and Planning and Infrastructure Act 2025
• Draft regulations and guidance (26 March 2026): structure, definitions and policy intent
• Key implementation steps before 30 September 2026, including constitutional and committee changes
• Schedule 1 & Schedule 2 - The Two-Tier System
• Tier A: applications officers must determine (householder, minor schemes, conditions, amendments, lawful development, most reserved matters)
• Tier B: major and other significant applications delegated by default but potentially referable to committee
• Special rules and propriety considerations for local authority applications
• Rules diverge and the propriety issues to manage
• The Gateway Test in Practice
• Roles of the chief planning officer and nominated member
• Applying the two statutory tests for referral
• Guidance examples of when referral is and is not justified
• Building a robust triage, audit and dispute-resolution process
• What is Being Lost & the Risk of Challenge
• Removal of councillor call-ins, petition triggers and objection thresholds
• New limits on committee size and proposals for strategic committees
• Mandatory member training and interim best practice
• Judicial review and probity risks under the new gateway system
• Interactions, Workarounds & Watch Points
• Relationship with mayoral and Secretary of State call-ins and recovered appeals
• Implications for applicants and objectors, including lobbying and engagement strategy
• Implications for authorities: governance, delegation schemes, training and officer oversight

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.