Issue - meetings

Members were asked to consider and note the change in legislation and the procedure from the 11 May 2026.

On 31 March 2026, a new Town and Country Planning (Consultation) (England) Direction 2026 was published. The Direction applies in relation to any application for planning permission which meets the following criteria

(a) is for development which includes the provision of 150 or more houses, flats or houses and flats; and

(b) has not been determined by a local planning authority before 11th May 2026.

The Direction required that, where a local planning authority proposes to refuse an application for planning permission to which the above criteria apply, the authority must first consult the Secretary of State before determining the application. This is to enable Ministers to decide whether to exercise their existing powers to call in the planning application.

Ministers are then provided 21 days to decide whether to use their existing powers to call in the planning application.

Where the Council is minded to refuse any planning applications that meet the above criteria, Officers will need to notify the Secretary of State of the Local Planning Authority’s intentions and a decision cannot be issued until the direction from the Secretary of State is received as to whether they wish to call in the application or not.

When the Secretary of State calls-in an application. An inquiry will be held. The inquiry procedure is set out in The Town and Country Planning (Inquiries Procedure) (England) Rules 2000, Statutory Instrument 2000/1624 (as amended).

A brief discussion was had around if the new legislation applied to Officers and Members if the criteria was met. Officers confirmed that if the criteria was met as detailed above the Secretary of State would be notified whether officers or Members refused an application.

RESOLVED that the report be noted.