The North West Leicestershire District Council is scheduled to meet on Tuesday 27 October 2026. The primary item on the agenda is a review of proposed amendments to the Council's Constitution. These changes are necessary to align with new national regulations concerning the discharge of local planning authority functions.

Amendments to the Constitution for Planning Functions

The Council's Constitution is set to be reviewed to reflect the upcoming changes introduced by the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026, which come into effect on 31 October 2026. These regulations introduce a new National Scheme of Delegation, aiming to increase the number of planning applications determined by officers and reduce those referred to Planning Committees.

The report outlines that applications will be categorised into two schedules: Schedule 1 applications, which must be determined by officers, and Schedule 2 applications, which can be determined by officers or, in specific circumstances, by the Planning Committee. The regulations stipulate that the presumption for Schedule 2 applications is delegation to officers, with referral to committee being exceptional.

Key changes proposed include:

• Call-In Arrangements: The current process allowing ward members to request applications be determined by Planning Committee will be significantly altered. Under the new regulations, the ability for a member to call-in an application will be removed.
• Committee Referral Criteria: The criteria for referring applications to the Planning Committee will be narrowed. For Schedule 2 applications, referral will only occur if a nominated officer and a nominated member agree that the application raises significant economic, social, environmental, or planning issues.
• Council, Member, and Officer Applications (Own Interest Applications): These applications will no longer automatically be determined by the Planning Committee. Instead, they may be referred to the committee if the nominated officer and nominated member agree, with consideration given to transparency and public accountability.
• Officer Delegation: The regulations mandate that certain categories of applications, designated as Schedule 1, must be determined by officers.

The report highlights that these changes are statutory and the Council has no discretion in adopting them. Failure to make the necessary amendments to the Constitution could risk the Council being in breach of planning regulations, potentially leading to judicial review of decisions made on planning applications. The report also notes that a supplementary update will be provided regarding the proposed wording for Own Interest Applications.¹