12 National Scheme of Delegation for planning decisions
PDF 368 KB
Additional documents:
Minutes:
Consideration was given to a report This paper therefore outlining measures that West Lindsey District Council must take in preparation for the launch of the new National Scheme of Delegations for Planning Decisions.
The paper informed the Committee that the Government intended to go forward with
powers it has under the Planning and Infrastructure Act 2025 and make a national
scheme of delegation for planning decisions. Consultation had been undertaken and legislation was expected to come into force on 31st October.
Details of the proposal were outlined including where and how different types of application would be determined. It was noted that changes would be required to the scheme of delegation and constitution if the proposals were adopted. The changes would require officers and councillors to be nominated to oversee some decisions. A process would also be needed to record those decisions taking outside of the committee and the reporting process for such applications determined. It was noted that to take all Schedule 2 applications for discussion could lead to delays therefore a triage approach was suggested. It was clarified that any final decisions on this matter would be made at the Council meeting in September.
A member sought clarification regarding Schedule 2 decisions and that if there was disagreement between the nominated officer and member then the default would be for the officer to make the final decision. It was suggested this would need to be fully explained as this could be of concern in parishes. In response the concern was acknowledged but it was clarified that any discussions needed to be recorded and reported to committee so there was a degree of scrutiny. A change to the draft legislation was that the system would be reviewed after two years to see how effective it was. It was noted that 96% of applications were already delegated to officers.
A member expressed disappointment at the proposal and that it was reducing democratic input to the process. It was noted the Planning Committee had received some training on the issue and asked about the power of Parish Councils to call in applications. It was confirmed that there would no longer be a formal process for call in by parishes but it was anticipated that the triage approach would identify any local concerns.
RESOLVED:
a) That Part IV of the Constitution is amended to reflect that planning
decisions made from 31st October 2026 are made in accordance with The
Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026;
b) That the constitution makes provision for the appointment of a
Nominated Member and Nominated Officer (and substitutes);
c) That the constitution sets out a triage approach for referring schedule 2
and ‘own-interest’ applications for discussion between the nominated member
and nominated officer; and
d) Provisions are made for recording and reporting decisions taken between
the nominated member and nominated officer.