Agenda item

The Chair of the Constitutional Reform Working Party (CRWP) presented the report and informed Members that the proposals were significant, reflecting substantial legislative changes due to come into effect on 31st October 2026.

Members were advised that the Government was introducing a mandatory National Scheme of Delegations for planning functions, requiring all local planning authorities in England to amend their constitutions to ensure compliance. The proposals had been considered by the CRWP prior to their submission to Council.

It was explained that, under the current arrangements, planning authorities were able to determine their own local procedures for the consideration of planning applications. This typically involved routine applications being determined by officers under delegated powers, with other applications referred to the Planning Committee. The circumstances in which applications were referred to the Planning Committee varied between authorities and could include factors such as the number of objections received, the size of a development site, or where a Member had requested that an application be called in for determination by the Committee.

It was reported that Government considered these differing local arrangements to create inconsistencies and uncertainty for applicants and developers, and that the new scheme sought to establish a more uniform approach across England. It was anticipated that the reforms would enable Planning Committees to focus on more complex and significant applications.

The principal implications for Redditch Borough Council were summarised as follows:

• All planning applications would be classified as either Schedule 1 or Schedule 2 applications.
• Schedule 1 applications would be determined exclusively by officers under delegated powers and would not be referred to the Planning Committee. The existing ability for Members to call in applications affecting their wards would therefore cease to apply in respect of these applications.
• Schedule 2 applications could be determined either by officers or by the Planning Committee. However, there would be a presumption in favour of determination by officers under delegated powers. Such applications could only be referred to Planning Committee where they met one or both elements of the "gateway test", namely:
  • where the application raised one or more issues of economic, social or environmental significance to the local area; and/or
  • where the application raised one or more significant planning matters having regard to the development plan or other material considerations.

Council was informed that the legislation also prescribed how the gateway test was to operate. Each authority would be required to appoint both a nominated officer and a nominated Member. For Redditch Borough Council, it was proposed that the nominated officer would be the Assistant Director for Planning, Leisure and Culture Services with the nominated Member ordinarily being the Chair of the Planning Committee. Deputy appointments would also be made to provide cover in cases of absence.

The nominated officer and nominated Member would meet regularly to review Schedule 2 applications where the gateway test might apply. They would consider case summaries prepared by the relevant planning officer, together with information regarding the potential application of the gateway test criteria. Following consideration of the information provided, a decision would be reached as to whether the application should be referred to the Planning Committee. Applications not referred would be determined by officers under delegated powers. The outcome of each gateway test assessment would be formally recorded and published, and information regarding decisions would also be reported to the Planning Committee.

Members were advised that the intention would be for the nominated officer and nominated Member to reach agreement on each application. Where agreement could not be reached, the application would be determined by officers under delegated powers.

It was noted that certain application types listed within Schedule 2, including applications for advertisement consent and works to trees subject to Tree Preservation Orders, were already routinely determined by officers under delegated powers at Redditch Borough Council. Guidance issued by the Government and the Planning Advisory Service made clear that local authorities could retain existing delegated arrangements for such matters through their constitutions. Officers had therefore recommended that these established arrangements should continue, as they were working effectively and any change could result in a significant increase in applications requiring gateway test consideration. Accordingly, a limited number of Schedule 2 applications would continue to be determined by officers under delegated powers, as outlined in the report.

In addition to the introduction of Schedule 1 and Schedule 2 applications, Members were informed that new provisions would apply to planning applications submitted by the Council itself, relating to Council-owned land, or submitted by Members or officers. These were referred to as "own interest" applications. Whilst the new legislation permitted such applications to be determined by officers under delegated powers, officers had concluded that, in the interests of openness and transparency, the majority of own interest applications should continue to be determined by the Planning Committee. The decision to direct such applications to committee would be undertaken jointly by the nominated officer and nominated Member. However, there might be occasions where minor or technical own interest applications would be considered suitable for determination under delegated powers.

Officers had been preparing for the implementation of the new arrangements and Planning Committee Members had already received briefing sessions on the changes. Ongoing support had also been provided to the Chair and Vice-Chair of the Planning Committee.

Given the scale of the reforms, it was recommended that the CRWP undertake a review of the new arrangements after six months, as detailed in the recommendations contained within the report.

Council was further advised that an amended version of the Planning Committee Procedure Rules and the Code of Conduct for Planning Matters had been circulated to Members. A minor amendment had been made to reflect the possibility that certain own interest applications could, in appropriate circumstances, be determined under delegated powers.

Finally, Members were informed that authority was also sought to grant delegated powers to the Assistant Director for Legal, Democratic and Procurement Services to make any consequential amendments required to the Constitution arising from the implementation of the new arrangements.

After the presentation had been delivered, Members had detailed discussions about the report and commented on the following points:

• The Leader noted that the Council was legally required to implement the National Scheme of Delegations and make the necessary constitutional changes. Whilst acknowledging the need to comply with the legislation, he expressed concerns regarding the principles underpinning the reforms, particularly the removal of Members' ability to call in planning applications. He emphasised the importance of local democratic decision-making in planning matters and welcomed the commitment to review the arrangements after six months, including feedback from the Chair and Vice-Chair of the Planning Committee.
• Concerns were expressed that the changes would reduce local democratic oversight and restrict opportunities for residents to influence planning decisions. The Chair of the Planning Committee referenced his forthcoming role in the gateway test process for Schedule 2 applications and expressed the hope that the new arrangements would operate constructively.
• Clarification was sought regarding opportunities for public participation where planning applications were not referred to the Planning Committee.It was confirmed that the statutory consultation process would remain unchanged and that members of the public would continue to have the opportunity to submit comments on planning applications, which would be taken into account during the determination process.
• A query was raised regarding whether Members would continue to receive reports on planning applications. Officers confirmed that the reporting arrangements for applications considered by the Planning Committee would remain unchanged. The purpose of the proposed amendments was to determine which applications would be considered by the Planning Committee and which would be determined under delegated powers.

In closing the debate, the Chair of the CRWP acknowledged that a number of legitimate concerns had been raised by Members during the discussion. However, she emphasised that the introduction of the new arrangements would not remove opportunities for residents and Members to be consulted on planning applications. The consultation processes would continue and Members would still have the opportunity to engage with planning matters affecting their wards.

The value of the weekly planning application lists issued to Ward Members was highlighted, which identified applications submitted within their respective wards. It was commented that these notifications were particularly useful and Members welcomed the continuation of this information-sharing arrangement.

The recommendations were proposed by Councillor Jane Spilsbury and seconded by Councillor Matthew Dormer.

NOTED

1)    the matters set out in the report relating to the introduction of the National Scheme of Delegation of Planning Functions; and

2)    the mandatory requirement for the Council to adopt the National Scheme of Delegation in accordance with the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026.

RESOLVED that

3)    the arrangements set out in the report be adopted with effect from 31st October 2026;

4)    the Constitution be updated by adopting the following documents: -

·       Scheme of Delegations for Development Management

·       Scheme of Delegations for Trees

·       Planning Committee Procedure Rules

·       Planning Code of Conduct

5)    authority be delegated to the Assistant Director for Legal, Democratic and Procurement Services to make any further consequential amendments required to the Constitution; and

6)    the new arrangements be reviewed by the Constitution Review Working Party after the scheme has been operating for 6 months, such discussion to include feedback from Members including the Chair/ Vice Chair of Planning Committee.