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Decision details

NATIONAL SCHEME OF DELEGATION

Decision Maker: Council

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

This report introduces the statutory National Scheme of Delegation for planning applications that comes into effect on 31 October 2026. It seeks approval for (i) necessary amendments to the Council Constitution to operate the National Scheme of Delegation and (ii) discretionary guidance on the use of member briefings and site visits for applications of significance. The report also introduces associated operational guidance that will be maintained and updated as required by officers.

Decision:

RESOLVED:

 

(1)   That the amendments to Section 8.4 of the Constitution, attached as Appendix 1, were approved for implementation from 31 October 2026.

 

(2)   That the Planning Scheme of Management, attached as Appendix 2 and guidance in relation to committee briefings and site visits, attached as Appendix 3, were noted.

 

(3)   That the Director: Place be requested to consider any amendments proposed by Members to the Planning Scheme of Management, attached as Appendix 2, relating to the guidance on committee briefings and site visits, attached as Appendix 3, before those documents are finalised and published.

 

(4)   That the Director: Place, in consultation with the Monitoring Officer, be requested to explore whether additional arrangements for Member and public engagement in planning applications determined under delegated authority could lawfully be introduced, having regard to the requirements of the National Scheme of Delegation and associated statutory guidance, with any proposals requiring constitutional amendments brought back to Full Council for consideration.

 

REASONS FOR DECISION:

 

(1)   A mandatory, National Scheme of Delegation (NSD) takes effect from 31 October 2026. Statutory Government guidance states that authorities’ Constitutions must be amended to give effect to these new requirements in time.

 

(2)   Alongside the constitutional changes, operational guidance – the Planning Scheme of Management - will also be published. This sets out arrangements by which schemes for potential referral to Planning Control Committee are considered, as well as operational delegations to officers to make decisions in accordance with the NSD.

 

(3)   A report was published for Full Council to consider the committee briefings and site visit guidance at its meeting in April 2026. This item was deferred from consideration.

 

(4)   Subsequent legal advice, as well as good practice guidance published to assist with implementing the NSD, is now that additional and administrative guidance should not be constitutional. This enables it to be updated more efficiently and responsively.

 

(5)   This guidance is presented to provide broader context to the operational implications and procedural changes that are being introduced.

Report author: Nigel Smith

Publication date: 12/10/2026

Date of decision: 08/10/2026

Decided at meeting: 08/10/2026 - Council

Accompanying Documents: