Consultation on national scheme of delegation for planning decisions launched

The Government has launched a consultation on introducing a national scheme of delegation for planning decisions, requiring separate smaller planning committees for strategic development and mandatory training for planning committee members.

In its consultation document published on Wednesday (28 May), the Ministry of Housing, Communities and Local Government (MHCLG) stated that the reforms aim to encourage developers to submit good quality applications and allow planning committees to focus their resources on complex or contentious development.

It also claimed the changes would help ensure planning committee members get the training and support they need to fulfil their duties effectively and empower planning professionals to make sound planning decisions on those cases aligned with the development plan.

Local planning authorities currently have their own scheme of delegation, "but these vary widely across the country with a lack of consistency on the types of applications going to committee", the document said.

The Government is proposing to introduce a scheme of delegation which categorises planning applications into the following two tiers:

• Tier A which would include types of applications which must be delegated to officers in all cases; and
• Tier B which would include types of applications which must be delegated to officers unless the Chief Planner and Chair of committee agree it should go to committee based on a gateway test.

The Government proposes that Tier A applications should "generally be technical in matter, or about minor developments" and would include the following types of applications:

1. applications for planning permission for:
   1. Householder development
   2. Minor commercial development
   3. Minor residential development
2. applications for reserved matter approvals
3. applications for s96A non-material amendments to planning permissions
4. applications for the approval of conditions
5. applications for approval of the BNG Plan
6. applications for approval of prior approval (for permitted development rights)
7. applications for Lawful Development Certificates
8. applications for a Certificate of Appropriate Alternative Development

Tier B applications should meanwhile involve:

1. Applications for planning permission not in Tier A
2. Notwithstanding Tier A, any application for planning permission where the applicant is the local authority, a councillor or officer
3. Section 73 applications to vary conditions
4. Review of mineral planning conditions

On committee sizes, the Government wishes for planning committees to have no more than 11 members. However, it clarified that some councils would work better with smaller committee sizes. 

Turning to the plans to introduce mandatory training for members, the consultation said the current approach to training "is inconsistent and varies across the country".

It pointed to a recent survey by the Planning Advisory Service, which showed that 45% of respondents indicate they do not have a good understanding of planning and planning processes following a form of training.

The consultation added: "In terms of content, industry engagement showed broad support for a combination of national content (e.g. National Planning Policy Framework, other statutory guidance and regulations) and content driven by local context (including the local development plan).

"The local planning authority will have a role to play in the training process, as many do already. We will use best practices of these for further guidance."

The consultation also proposes only allowing committee members to make decisions if they have been trained.

To ensure this, the consultation proposes introducing either a national certification scheme which would involve an online test for committee members – or a local-based approach where the local planning authority provides certification.

MHCLG said it prefers a national certification scheme "as it ensures independence and reduces the burden on individual local planning authorities".

The consultation is set to close on 23 July.

Adam Carey