Council adopts constitutional changes implementing planning reforms “under protest” while threatening judicial review

The council's decision comes as members at Bedford Borough Council also voted to adopt the changes, after agreeing on "safeguards" aimed at improving councillor oversight.

The two councils were among at least six local authorities that initially declined to update their constitutions to account for the National Scheme of Delegation ahead of its introduction on 31 October.

Councillors opposing the scheme argued that handing more planning decisions to officers would undermine local democracy.

Members at Bolton voted to adopt the constitutional changes required for the new scheme on Tuesday.

However, they also passed a motion stating that the local authority agrees to apply the scheme "strictly under protest, placing it clearly on the public record that this compliance is forced upon us against our democratic will solely to protect the council and local residents from administrative gridlock".

The same motion resolved to review the potential costs associated with a judicial review challenge and to invite all local planning authorities in England to join Bolton in a coordinated legal challenge, "sharing resources and costs so we can mount a robust national defence of local planning powers without leaving Bolton exposed financially".

The motion said the council would have to carefully examine potential grounds such as procedural flaws, inadequate government consultation or whether ministers had exceeded their legal powers.

Bedford meanwhile backed the constitutional changes on Wednesday following an amendment from Conservative Cllr Marc Frost aimed at improving oversight of so-called 'Schedule 2 applications'.

Under the new rules, where applications fall under Schedule 2, there is a presumption that decisions are delegated to officers unless the nominated officer and nominated member agree that the application should be referred to a planning committee or sub-committee for determination.

Cllr Frost's amendment introduces a written process allowing ward councillors, parish and town councils, and residents to request consideration of significant Schedule 2 applications.

It also calls on the council to publish local guidance explaining what 'significance' means, including cumulative development, highways, traffic, drainage and infrastructure.

The amendment requires the council to publish a record of decisions, with reasons explaining whether the statutory criteria have been met, alongside a register of those requests.

In addition, outcomes must be reported to Bedford's planning committee "with the appropriate information publicly available, and a formal review after six months".

Commenting on the approach, Cllr Frost said: "I completely respect our planning officers, and I fully accept that we must comply with the law, but compliance should be the starting point and not the limit of our ambition.

"Having discussed this with the monitoring officer, I'm pleased that we've identified, I think, a lawful way forward. My amendment does not prevent the council from adopting the revised scheme of delegation; it just requires some additional safeguards."

Councillors voted unanimously for the amendment.

Tameside, Fenland, Central Bedfordshire and Southwark councils also failed to make the constitutional amendments ahead of 31 October, despite officer advice.

Members at Central Bedfordshire Council have since adopted the changes.

Fenland does not appear to have scheduled a follow-up meeting to discuss adopting the constitutional changes required for the new scheme. Southwark, meanwhile, is scheduled to discuss adopting the changes next week.

Appearing before the Housing, Communities and Local Goverment committee this week, Secretary of State for Local Government Angela Rayner hit out at councils that had refused to adopt the new national scheme of delegation for planning in England, describing them as "regressive".

Adam Carey