Consultation deadline approaching: responses are due by Tuesday 13 January 2026 to MHCLG’s 18 November 2025 consultation document on reforms to the statutory consultee system .
The RTPI has already published its response which makes some sensible points.
The current statutory consultees list is a long one. However, I hope the government won’t just focus on reducing the number of applications where input from statutory consultees is required, and on the timeliness of initial responses from statutory consultees. To my mind it’s as much about the quality of those responses (constructive, informed by an understanding of the application in question, with the potential for swift dialogue to address issues raised), about those statutory consultees having stable, clear, positively-minded guidance to manage potential applicants’ expectations) and about those statutory consultees being well-resourced with experienced, accessible, people.
Some quick and random thoughts:
The actions of Natural England in giving advice that has led in recent years to immediate vetoes on development in relation to e.g. the impact of nutrients or recreational pressure or indeed water abstraction issues on protected areas: why was advance notice not given, an “amber” warning, before such disruption was caused? Could solutions have been found faster? Is there going to be any sort of Parliamentary inquiry into how this was all allowed to happen? Will the impending work on environmental delivery plans mark any sort of turning point? We shall see.
As a former trustee of Theatres Trust I was disappointed to see the proposal that the trust should have its statutory consultee status removed. I can’t see what will be gained by this and indeed I see risks arising of unacceptable, or ill-advised, development slipping through the net. Theatres have high community value. TT always responds within the statutory deadline and in recent years (in 345 responses between 2022 and 2024) has only objected to one residential scheme (and that was only for seven homes!). Conversely TT’s responses have secured necessary changes to schemes to protect the operation of theatres. Isn’t this how the system is meant to work?
Conversely, I’ve heard depressing stories about the approach of, for instance, the Environment Agency on flood risk issues – objecting to applications for approval of reserved matters or the discharge of conditions on the back of changes in its flood maps. Memories perhaps of the nutrient neutrality vetoes affecting consented schemes that led to C G Fry & Son Limited v Secretary of State (Supreme Court, 22 October 2025) – issues of principle really should have been resolved by the time planning permission has been granted, rather than being re-opened by the backdoor.
Where are these thoughts leading? Maybe just to a conclusion that there is no “one size fits all” approach to this. With powers should come responsibility and so, as is indeed proposed in the consultation paper, the performance of every statutory consultee should regularly be scrutinised, including as to how constructively it is engaging with the application process – that is what will make the difference. And to have experienced planners within each local planning authority who can weigh consultee responses in the balance, pushing back and questioning where necessary.
Finally, it’s worth bearing in mind the potential impact of the draft NPPF once it is finalised. Paragraph DM3(d) of the draft:
“Consult statutory or internal consultees only where it is necessary to do so. Decisions on development proposals should not be delayed in order to secure advice from a statutory or internal consultee beyond their statutory deadlines unless there is insufficient information to make the decision or more detailed advice may enable an approval rather than a refusal.”
Simon Ricketts, 11 January 2026
Personal views, et cetera
SIMONICITY 