URL: https://democracy.telford.gov.uk/ieDecisionDetails.aspx?ID=274

Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: The Head of Development Management presented the Planning – National Scheme of Delegation report which sought approval for the council’s Planning Scheme of Delegation as set out at Appendix A of the report.    Members were also asked to note the National Scheme of Delegation of Planning functions in accordance with the Town and Country Planning Act as amended by the Planning and Infrastructure Act 2025, the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 and the statutory guidance published on 1 June 2026.    The council’s existing local Scheme of Delegation had been amended solely to a constitutional mechanism to give effect to the National scheme which included the removal of previous local call-in arrangements and referral triggers where these were in conflict with the national framework.   It was necessary to ensure that the council’s decision-making arrangements were fully compliant with mandatory national requirements thereby enabling planning functions to be lawfully discharged by Planning Committee or by officers in accordance with the National Scheme of Delegation.  The Scheme must be implemented by 31 October 2026.   Under the National Scheme of Delegation, planning applications and related decisions would be divided into prescribed categories:   · Applications falling within Schedule 1 of the Regulations must be determined by the Chief Planning Officer or authorised officers and may not be referred to Planning Committee.   · Applications falling within Schedule 2 of the Regulations are delegated to officers by default and may only be referred to Planning Committee in limited circumstances, in accordance with the statutory referral process.   The new arrangements would not be informal and would require transparency of decision making and it would be necessary to maintain records through a gateway process recording the outcome and decision reached.  It would still be a requirement to consult on applications coming forward and consider what weight to give to the information before them.  Work would also continue to ensure that compliance to planning consent was adhered to.   A training session would be delivered to Members as well as Parish and Town Councils in order for them to effectively engage with the new scheme.   The Scheme of Delegation and Constitution would be part of the framework and would be lawful, transparent and robust.   During the debate, some Members felt that although they did not agree with the new Scheme, that it would be law by 31 October 2026 and if the council did not take on the Scheme they would not be legally compliant.  Other Members felt that the Scheme ripped out the heart of planning with 90% of decisions taking place behind closed doors with no checks and balances and there were flaws within the Scheme.   It was asked if a regular report could be brought before Committee to update Members on applications that had been approved.  It was welcomed by some Members that some applications should sit with officers and not be considered through the call in procedures due to their technical nature.  Officers were asked to confirm that the public were not losing their opportunity to engage in the planning process.  A suggestion was made that an additional committee, such as a pre-engagement planning committee, be commenced to discuss the applications prior to any decision being made.   The Head of Development Management confirmed that a report could be produced showing the applications and their route to decision and that this had been done previously and this would also be published online.  It was confirmed that Members and Parish and Town Councillors would be able to attend training sessions which would encourage them to have an active dialogue with officers and that nothing would be removed from the engagement process.  With regards to the additional committee, it was suggested that this may be more appropriate at Parish and Town Council level.   It was proposed and seconded that a pre-engagement committee be set up.  Upon being put to the vote it was, by a majority, refused.   Members were asked to consider the original recommendations as set out in the report and upon being put to the vote it was, by a majority:   RESOLVED – that:   a)    the National Scheme of Delegation of Planning functions in accordance with Town and Country Planning Act as amended by the Planning and Infrastructure Act 2025), the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 and the statutory guidance published on 1 June 2026 be noted; and   b)   the Council’s Planning Scheme of Delegation, as set out at Appendix 1, insofar as it gives effect to and is fully compliant with the National Scheme of Delegation, noting that the Scheme replaces previous local delegation and call?in arrangements where these conflict with the national framework be approved.

Date of Decision: July 22, 2026