Once we are the other side of the local elections, there are a couple of procedural changes to be aware of which take effect from 11 May, both flagged in my 8 March 2026 blog post Planning Committees That Refuse Planning Applications Against Officers’ Advice: 5 Impending Procedural Protections for Applicants.
The Government has introduced requirements for local planning authorities to consult the Secretary of State before refusing applications for planning permission for developments of 150 or more homes, and to consult the Mayor of London before refusing applications for planning permission for developments for 50 or more homes in London. The relevant legislation comprises:
The Consultation Direction applies to applications for planning permission which (a) include provision of 150 or more houses and/or flats and (b) which have not been determined by a Local Planning Authority before 11 May 2026 (“Relevant Development”).
It provides that the LPA, where it proposes to refuse a planning application for Relevant Development, must consult the Secretary of State before finally determining the application.
The LPA must send the following as soon as practicable to MHCLG:
– Application documents;
– A copy of the requisite notice;
– A copy of representations made to the authority relating to the application;
– A copy of any report on the application made by an officer of the authority; and
– A statement of the LPA’s proposed reasons for refusal where not contained in a report.
The Mayor of London Order amends the powers under The Town and Country Planning (Mayor of London) Order 2008 which enable the Mayor of London to direct that he determine applications for certain developments himself.
Developments which fall under Category 3D, which includes development involving the construction of buildings with over 1,000 square metres of floor space or a material change of use of such a building, on land allocated as Green Belt or Metropolitan Open Land, and of Potential Strategic Importance (within the meaning of the 2008 Order), may now be called in for determination by the Mayor of London.
In addition, a new category of development is inserted into the Schedule to the 2008 Order: Category 3J. Category 3J concerns applications for the development of more than 50 houses and/or flats (“Relevant London Development”).
The Mayor of London Order requires an LPA to notify the Mayor of London when it receives a planning application for Relevant London Development. There is no requirement for the Mayor of London to respond.
The LPA will also be unable to refuse planning permission for Relevant London Development without (a) further notifying the Mayor of London, and (b) waiting for 21 days to pass beginning with the date the Mayor of London is notified in writing and which the relevant documents are received. The relevant documents required to be provided to the Mayor of London are slightly different to that required under the Consultation Direction. These include:
– A copy of representations made to the authority relating to the application;
– A copy of any report on the application made by an officer of the authority;
– A statement setting out the reasons the LPA proposes to refuse the applications, giving full reasons for that proposed refusal; and
– A statement setting out any proposed planning conditions, a draft of any proposed planning obligations, and details of any proposed planning contribution.
For Relevant Development, the appropriate point at which the documents should be sent will be once either the relevant LPA planning committee has resolved to refuse the application, or once an officer has reached that decision in exercise of the officer’s delegated powers.
The Secretary of State will then have an initial period of 21 days within which to decide whether to call-in for his own determination the application. Within that period, he could of course use his existing power under Article 31 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 to direct the local planning authority to delay further its decision in order to give himself further time to decide whether to exercise his call-in powers.
For Relevant London Development, notice must be provided to the Mayor of London at two points: (1) when the LPA receives an application for Relevant London Development and (2) when the LPA planning committee resolves to refuse an application for Relevant London Development, or once an officer reaches that decision under his delegated powers. In the latter case, notice of all the relevant documents listed above must be provided to the Mayor of London and he will similarly have a period of 21 days within which to decide whether to call-in the application for Relevant London Development for his own determination.
[Thanks to my colleague Adam Choudhury for allowing me to use for the above an internal summary he prepared this week for the Town Legal team].
So, this is an interesting ratcheting up of the level of scrutiny applied to decisions by local planning authorities to refuse planning permission for major housing development. But, in the timeless words of Morrissey, what difference will it make?
Of course, there may be some gaming of the system, when is there not? Some local planning authorities may choose to defer decisions, leaving applicants in a dilemma as to whether to appeal on the basis of non-determination. There will be even more need for applicants to make sure that application packages are robustly prepared and in a good state to be subject to the scrutiny of the Secretary of State or Mayor as the case may be, both in terms of legal compliance but also in terms of pressing the right political and planning policy buttons. And the Secretary of State and Mayor of London will need to play their part, by exercising those call-in powers appropriately and thereafter proceeding to determine applications without undue delay.
But, overall, surely, this is all positive…
[For more discussion on this subject I recommend yesterday’s 50 Shades of Planning podcast Some Things Just Take Time].
Since my 8 March 2026 blog post we also now of course MHCLG’s 26 March 2026 Planning committee reform: statutory consultation on draft Regulations and guidance, together with MHCLG’s response in relation to its earlier consultation process, as well as the draft Regulations which are due to come into force on 30 September 2026. Housing minister Matthew Pennycook made a written ministerial statement the same day. In basic summary, Schedule 1 of the draft Regulations lists those applications which must be determined by an officer. Schedule 2 lists those applications which may be determined by an officer unless the authority’s nominated officer and nominated member agree that the proposal raises:
- one or more issues of economic, social or environmental significance to the local area
- one or more significant planning matters having regard to the development plan and any other material consideration
When taken with the new procedures for written representations appeals now in effect for applications submitted from 1 April (see my 15 April 2026 blog post Don’t Be An April Fool: Written Reps Planning Appeals Are About To Get Faster But Also Riskier), Mr Pennycook is soon going to be in a position to say to developers (again in the words of Morrissey):
You’ve got everything now.
Simon Ricketts, 5 April 2026
Personal views, et cetera
NB Thank you to subscribers who have already bought tickets for our 1 June event. In fact, we have been blown away with the interest. If it’s not already sold out it soon will be, so I don’t yet know whether any tickets will be left for general sale on Tuesday. Well I wonder.
SIMONICITY 