New Regulations For Determining Planning Applications in England
On 31 Oct 2026 new national regulations came into force in England governing how planning applications should be determined by most local authorities going forward.
There are a few exceptions, including applications determined by development corporations, national park authorities and the Homes & Communities Agency.
Our understanding of the new rules is outlined below.
It is now provided that the majority of decisions will be made directly by planning officers rather than planning committees - so the days of being able to get 8 or more objections to force an application to go to committee are now over.
From now on, referral to planning committee is only permitted when:
1. The Chief Planning Officer and the Chair of the Planning Committee both agree referral is appropriate, and either
2. The application raises an economic, social or environmental issue of significance to the local area, or
3. The application raises a significant planning matter having regard to the local development plan and any other material considerations.
The government's guidance note to local authorities states that what is considered 'significant' under point 2 above will vary from area to area, but could include:
- an application for outline planning permission for a large multi-phase residential development;
- an application for change of use of a community shop in a rural area;
- an application relating to a notable listed building in a town centre.
The guidance further states that applications are unlikely to warrant referral solely under point 3 above if they comply with development policies under local plans and national planning policy.
It would appear that few planning applications relating to pubs will be referred to committee in future, unless the pub is a significant listed building.
Whether this will be a good or bad thing remains to be seen ...
