Agenda item

Note – the status of Neighbourhood Plans in the District may be found via this link

https://www.west-lindsey.gov.uk/my-services/planning-and-building/neighbourhood-planning/

The Lead Officer provided an update on recent Government and local changes in planning policy.

Members were advised that the Town and Country Planning (Consultation) (England) Direction 2026had been issued (see Appendix A, Reference 1). The Direction specified that, where a local planning authority intended to refuse planning permission for a scheme of 150 dwellings or more, the Secretary of State must be consulted. Ministers would then have 21 days to decide whether to exercise their powers to call in the application. The Direction would apply to applications that had not been determined before 11 May 2026.

The Committee was informed that the Government was also consulting on extending consultation with the Secretary of State in additional circumstances (see Appendix A, Reference 2), namely where a local planning authority was minded to refuse planning permission for commercial development with a floorspace of 15,000 square metres or more, certain development relating to nuclear facilities, and residential development within a Detailed Emergency Planning Zone for an Atomic Weapons Establishment where some local planning authorities, though not West Lindsey District Council, were minded to grant permission. The consultation was due to close on 4 May 2026.

Members were further advised that, since the previous meeting, the Government had undertaken a short consultation on a proposed new National Scheme of Delegation (see Appendix A, Reference 3). Information had been circulated to Members, and thanks were expressed to those who had provided feedback for inclusion in the Council’s response. The consultation proposed that applications would be split into two tiers. Tier A applications would always be delegated to Officers, unless they were Officer or Member applications, and would include householder development, minor commercial development and residential development of up to nine dwellings. Tier B applications would only be referred to Committee where the nominated Member and nominated Officer agreed, using specified criteria. This tier would include major residential schemes and retrospective applications. It was also proposed that Planning Committees would be limited to 13 Members. The consultation had now closed, and it was anticipated that the National Scheme of Delegation would be introduced in September 2026.

The Lead Officer also outlined proposals relating to planning fees. Members were advised that the Government was consulting on a new national fee structure, based on recovering 90 per cent of estimated costs, together with principles relating to local fee setting and potential caps on locally set fees (see Appendix A, Reference 4). It was noted that full cost recovery was not proposed in order to avoid fees exceeding actual costs for some local planning authorities and to incentivise continued service improvements. Examples of proposed fee changes were highlighted, including increases for householder applications, dwellings and changes of use. The consultation was due to close on 18 May 2026.

Members were also informed of consultations relating to biodiversity net gain. The Government was consulting on proposals to exempt small residential brownfield sites of up to 2.5 hectares from biodiversity net gain requirements (see Appendix A, Reference 5). It was further reported that development sites under 0.2 hectares and temporary developments of up to five years would be exempt, and that the current exemption for self-build and custom build housing would be removed (see Appendix A, Reference 6). These changes were expected to come into force by 31 July 2026.

An update was provided on neighbourhood planning within the district. Members noted the current position in relation to made Neighbourhood Plans, Neighbourhood Plans under review and those at various stages of preparation, examination and consultation. The weighting applied at each stage of the Neighbourhood Plan process was outlined, together with an overview of the number of Neighbourhood Plans made, under review, designated or in preparation, and those identified as potential future Plans.

During discussion, clarification was sought on the requirement to consult the Secretary of State where the authority was minded to refuse major development, and how this would interact with Committee decision making.

The Lead Officer explained that the process would only apply once the authority had resolved to refuse an application. In those circumstances, the Secretary of State would be notified and given 21 days to decide whether to call in the application. Where no call-in was made, the authority would proceed to issue its decision. It was confirmed that the Committee would still make the resolution and that the requirement would apply only to schemes of 150 dwellings or more.

In response to questions on planning fees, it was confirmed that the current consultation focused solely on cost recovery for determining planning applications. Any locally set fees would need to be justified against actual determination costs and would be ringfenced for the development management service. Matters relating to neighbourhood planning costs were not included within the proposals.

Clarification was also provided on proposed biodiversity net gain changes. It was confirmed that the current exemption applied only to self-build and custom build housing of up to nine dwellings. The Government was proposing to remove this exemption where sites exceeded 0.2 hectares, with the intention of reducing the burden on smaller sites while capturing larger schemes.

Reference 1
Town and Country Planning (Consultation) (England) Direction 2026
https://www.gov.uk/

Reference 2
Consulting the Secretary of State on planning decisions
https://www.gov.uk/government/consultations/consulting-the-secretary-of-state-on-planning-decisions/consulting-the-secretary-of-state-on-planning-decisions

Reference 3
Planning Committee reform: draft regulations and guidance
https://www.gov.uk/government/consultations/planning-committee-reform-draft-regulations-and-guidance

Reference 4
Fees for planning applications
https://www.gov.uk/government/consultations/fees-for-planning-applications

Reference 5
Biodiversity net gain: considering a targeted exemption for brownfield residential development
https://www.gov.uk/government/consultations/biodiversity-net-gain-considering-a-targeted-exemption-for-brownfield-residential-development

Reference 6
Improving the implementation of biodiversity net gain for minor, medium and brownfield development – Government response
https://www.gov.uk/government/consultations/improving-the-implementation-of-biodiversity-net-gain-for-minor-medium-and-brownfield-development/outcome/government-response-and-summary-of-responses