National Scheme of Delegation comes into force
- Jul 22
- 3 min read
In a bid to streamline the decision-making process within local authorities, and to standardise the manner in which applications get determined, last week the government laid before Parliament the new National Scheme of Delegation, which is now due to come into force on 31 October 2026.
Takeaway Points:
The key takeaway points from this new legislation are as follows:
The grouping of applications into Schedule 1 and Schedule 2
Schedule 1 applications must now be determined by an Officer
Schedule 2 applications maybe be determined by a Planning Committee or Officer
There are no ‘call-in’ powers for Schedule 1 applications, meaning that Councillors can no longer pull minor applications into Planning Committee
Where an application is to be determined by a Planning Committee, that Committee can have no greater than 13 members
What are these new Schedules?
Typically, Schedule 1 applications comprise of: householders, minor residential, minor commercial, PinP, section 73 (variations), section 191 & 192 (certificates), reserved matters, and Prior Approval applications.
The definition of ‘minor’ broadly aligns with that used in the DMPO – i.e. 1-9 dwellings or under 1000m2, but there are some variations. We suggest that you consult the legislation (link below) or feel free to give us a call…
Schedule 2 development is essentially anything not falling within Schedule 1.
What does this mean for my application?
This means that any application for Schedule 1 development is guaranteed an Officer based decision and despite local opposition there will not be any opportunity for it to be pulled into Planning Committee for a public airing and debate.
Generally speaking, this should improve the consistency of decision-making and reduce over-turned recommendations, because Officers will be determining the application in private without the decision being influenced by public speaking and elected posturing.
It also means that your Schedule 1 development will not have to wait its turn to be placed on a Committee agenda, with Committees only running once a month, thereby avoiding the risk of significant delays, especially if members vote to defer the application.
Are there any drawbacks?
No, not really.
Applicants generally don’t want their applications determined by a Planning Committee as it typically represents added risk, more time delays, and a lack of consistency.
However, in the very rare occasions where an application maybe supported publicly and/or politically but is not favoured by Officers, for example where there is a technical conflict with policy but the locals want the application approved, then a Schedule 1 application would be denied the ability to be called to Committee by a Councillor. This means that an Officer recommendation for refusal cannot be overturned.
On the flip side, should you be minded to object to development within your area, then the regulations are unhelpful because it now denies the ability to get a local Councillor to support your case and pull the offending application into Committee.
However, the rare instances where the legislation could be unhelpful to your case are more than made up for by the benefits created by pursuing a quick and more reliable decision through a Schedule 1 development, keeping the decision in the hands of professional Officers of the LPA and away from the grandstanding of elected members and local pressure groups that so often dominate the Committee chambers.
Where can I find out more?
The legislation can be found through the following weblink:
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