Agenda item

NATIONAL PLANNING SCHEME OF DELEGATION

Meeting of Cabinet, Tuesday, 13th October, 2026 6.00 pm (Item CAB57)

Decision:

RECOMMENDED:

Cabinet recommends to Full Council, that it:

1. Notes the revised Planning Scheme of Delegation attached at Appendix A.

2. Notes the consequential amendments to the Constitution, and the Planning Committee Terms of Reference (attached at Appendix B) and related procedural rules required to implement the National Scheme of Delegation.

3. Authorises the Assistant Director for Environment and Planning to make operational procedural changes to implement the National Scheme of Delegation.

4. Authorises the Monitoring Officer, in consultation with the Assistant Director for Environment and Planning, to make any necessary consequential amendments arising from the implementation of the National Scheme of Delegation.

REASON FOR DECISION:

To ensure the council is able to fulfil its planning decision-making duties in a legally compliant way.

Minutes:

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Cabinet noted that the Regeneration and Development Panel had considered this report and supported the recommendations, subject to the comments and concerns raised by the Panel, as set out below:

1. Properly submitted Ward Member requests for consideration through the gateway process to be taken seriously.

2. Delays in responses from internal Council consultees be investigated; and

3. Quarterly monitoring information on the operation of the Scheme be provided.

Councillor Moriarty as Portfolio Holder, presented the report and reminded Cabinet of the Government consultation process and the response previously submitted by the Council. He explained that the National Planning Scheme of Delegation formed part of the wider programme of Government planning reforms. Councillor Moriarty outlined the proposed arrangements for determining planning applications, including the circumstances in which applications would be considered by the Planning Committee and the criteria that would need to be satisfied where a Member sought to call in an application for Committee consideration. It was noted that the majority of planning applications would be determined under delegated powers by officers unless exceptional circumstances applied and the gateway test had been met. Councillor Moriarty also provided details of the proposed triage system that would be introduced as part of the new arrangements.

In addressing the recommendations put forward by the Regeneration and Development Panel, Councillor Moriarty stated that requests submitted by Ward Members would be given full consideration and assessed against the established criteria. He further advised that delays in responses from consultees would be monitored where necessary. Councillor Moriarty confirmed that the operation of the new system would be subject to ongoing monitoring, with a review taking place after six months, the findings of which could be presented to the Regeneration and Development Panel if required.

Referring to concerns raised regarding the 21-day period for Ward Member call-in requests, Councillor Moriarty reminded Members that details of applications were frequently available in advance of the formal consultation period. He also noted that Councillors received the weekly list of planning applications for information and review.

Councillor Ratcliffe asked whether notifications issued to Councillors could include consultation dates to assist Members in understanding the relevant timescales for submitting requests. In response, the Planning Control Manager reminded Members that once an application had been allocated to an officer, notification was issued to the relevant Ward Member to provide early notice. Details of the application would also be included within the weekly list of planning applications. It was explained that as much information as possible would be made available to Councillors, including a link to the call-in request form and details of the criteria that would need to be met. Information relating to Schedule 1 and Schedule 2 applications would also be provided.

Councillor de Whalley expressed concern that valuable local knowledge could be lost in the decision-making process if Members had reduced involvement in determining planning applications. He stressed the importance of both Councillors and Parish Councils being actively engaged in the Local Plan process. Councillor Moriarty agreed that widespread engagement in the Local Plan process was essential and encouraged Members to ensure that their Parish Councils remained informed and involved.

Councillor Squire welcomed the commitment to undertake a six-month review and noted that its findings could be considered by the Regeneration and Development Panel. She also recognised the proactive role Councillors would need to play in monitoring the weekly list of applications and identifying those that might satisfy the criteria for determination by the Planning Committee.

In response to a further question from Councillor Ratcliffe, it was confirmed that the relevant Ward Member would receive early notification when a planning application was allocated to an officer. Members representing adjoining wards, or wards potentially affected by a proposal, would be able to view applications through the weekly list. The Planning Control Manager further confirmed that where an application affected more than one ward, all relevant Ward Members would be notified.

Councillor Lintern emphasised the importance of local knowledge and the need for Planning Officers to have a good understanding of the areas for which they were responsible. The Planning Control Manager explained that case officers and principal planners worked closely together and often concentrated on consistent geographical areas, enabling them to develop detailed local knowledge.

Councillor Morley referred to the use of the term "development plans" and sought clarification on its meaning. It was confirmed that the term related to both the Local Plan and Neighbourhood Plans. Officers agreed to consider whether this could be made clearer within the documentation. The Planning Control Manager also highlighted the ongoing information, guidance and training provided to Parish Councils, noting that they should therefore be aware of the Local Plan and Neighbourhood Planning processes. It was further confirmed that additional guidance and training would be provided in relation to the new scheme.

In response to a question from Councillor Lintern, it was confirmed that not all major applications would automatically be referred to the Planning Committee and that there would need to be sufficient justification for doing so, with the gateway test having been met.

Councillor Parish addressed Cabinet under Standing Order 34. He advised that the Regeneration and Development Panel had considered and debated the matter in detail and had supported the recommendations, recognising that the proposals arose from national legislation imposed on local authorities. Councillor Parish referred to the three comments submitted by the Panel and emphasised the importance of ensuring that Members had access to as much information as possible when considering whether an application met the call-in criteria. This would enable informed decisions to be made within the 21-day timeframe. He also reiterated the importance of monitoring the operation of the new arrangements and implementing improvements as the process became established.

Councillor Moriarty thanked Councillor Parish and the Regeneration and Development Panel for their consideration of the matter. He confirmed that all representations would be given careful consideration and acknowledged the importance of ensuring that relevant information was made available to Members at the earliest possible stage of the process.

The Chair thanked both Cabinet and the Regeneration and Development Panel for their consideration of the report. He expressed reassurance regarding the proposed operation of the scheme and welcomed the commitment to undertake a six-month review of its implementation.