Purpose

To seek approval under the Council’s urgent decision arrangements to give interim constitutional effect to the recommendations in the draft Full Council report concerning implementation of the national planning scheme of delegation, with effect from 31 October 2026 until Full Council considers the permanent constitutional amendments on 25 November 2026.

Decision

RESOLVED  That the Chief Executive, exercising the powers of Full Council under paragraph 6.4.1 of the Scheme of Delegation to Officers, approves the recommendations contained in the draft Full Council report on the national planning scheme of delegation on an interim basis from 31 October 2026 until the decision of Full Council on 25 November 2026.

That the interim decision is expressly without prejudice to Full Council’s consideration of the substantive report on 25 November 2026, when members will retain the opportunity to debate and determine whether the changes should be incorporated into the Constitution on an ongoing basis.

Reasons for the decision

The national planning changes are due to take effect on 31 October 2026, whereas the next scheduled meeting of Full Council is on 25 November 2026. The interim decision would ensure that the Council’s constitutional arrangements formally reflect the new operating arrangements during that period.

Although the relevant Regulations have statutory force and would prevail over any inconsistent constitutional provision, there remains a small residual risk that a developer, objector or complainant dissatisfied with a planning decision made between 31 October and 25 November 2026 could seek to raise a procedural challenge based on the Constitution not yet having been formally updated.

The proposed use of urgency powers is therefore a short-term, technical and precautionary measure. It is intended to remove or materially reduce that residual risk, avoid unnecessary officer time and resources being spent responding to procedural arguments, and provide clarity for officers, members and interested parties.

The proposal does not remove the matter from Full Council. The permanent constitutional amendments will remain for members to debate and determine on 25 November 2026.

Alternative options considered

Rely solely on the statutory effect of the new Regulations until 25 November 2026. This may be legally defensible, but would leave a short period in which the written Constitution had not been aligned with the operating arrangements and would preserve a small residual risk of procedural challenge or complaint.

Convene an extraordinary meeting of Full Council before 31 October 2026. This would enable member approval before implementation, but would create a disproportionate administrative burden for a measure that would in any event return to the scheduled Full Council meeting on 25 November 2026.

Defer or rearrange Planning Committee business. Moving a committee meeting would not address the position of planning applications determined under delegated powers during the intervening period.

Impose a moratorium on determining planning applications between 31 October and 25 November 2026. This would avoid decisions being taken during the interim period but is unlikely to be operationally viable and could create delay, service and performance risks.

On balance, a time-limited urgent decision is the most proportionate option. It provides constitutional assurance while preserving Full Council’s substantive decision-making role.