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New national rules change how planning applications are decided

Published on Monday, 9th November 2026

New Government rules governing who decides planning applications are now in force across the country following the introduction of the National Scheme of Delegation on 31 October 2026.

New Government rules governing who decides planning applications are now in force across the country following the introduction of the National Scheme of Delegation on 31 October 2026 of the Planning and Infrastructure Act 2025 and the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026.

The scheme of delegation replaces some of the locally determined arrangements with national rules setting out which applications must be decided by planning officers and which may be referred to a planning committee. The Council is required to follow these rules.

Many routine applications must now be determined by officers. Other applications may be considered by a committee where the national referral requirements are met and the nominated officer and councillor agree.

Councillors can no longer require a planning application to go to committee through the previous local call-in arrangements. Additionally, the number of objections to a planning application received does not automatically trigger a committee hearing.

The new scheme of delegation changes ‘who’ makes the decision, not whether an application should be approved or not. Residents can still submit comments, and relevant planning concerns must still be considered. Each application must be assessed against the development plan, national planning policy and other material considerations, including its possible harm.

At its meeting on 22 October 2026, the Council agreed arrangements to implement the national scheme of delegation but also decided to increase public speaking time for concerned residents to five minutes for applications considered by committee. This gives residents more time to explain any planning concerns directly to councillors.

Cllr Simon Morgan, Leader of Maldon District Council said: “I recognise that residents want to understand how these changes affect planning decisions in their area. While the Council must follow the new national rules on who decides applications, residents can still comment and relevant planning concerns must be considered.

“The changes do not alter the planning policies against which applications are assessed. For applications considered by committee, increasing public speaking time to five minutes gives residents more time to explain their concerns directly to the committee”

-ENDS-