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Local authorities: Are you ready for the National Scheme of Delegation?

Consider this a public service announcement.

The National Scheme of Delegation has generated considerable discussion across local government. Some authorities welcome the prospect of fewer applications being reported to committee. Others question whether the reforms strike the right balance between efficiency and local democratic accountability.

Whatever your view of the policy, there is one aspect of the Government's guidance that warrants particular attention as the 31 October implementation date looms.

The Government has chosen to include an explicit warning about the risk of judicial review where planning committees determine applications that should have been delegated to officers under the new framework. That is a striking inclusion. Planning guidance does not often spell out the consequences of non-compliance in such direct terms.

Authorities should therefore be reviewing their constitutions, schemes of delegation and committee procedures now to ensure that they align with the new requirements before they come into force. Existing arrangements must be amended where they are inconsistent with the new framework.

With a few months to go until implementation, the legal risk of failing to comply with the new framework is unlikely to be something any authority wishes to test.

If you need a refresher on the changes, please read my previous article on the subject.

For any queries on preparing for the National Scheme of Delegation, please contact me.

For the avoidance of doubt, where local planning authorities do not comply with the Regulations from the date they come into force (31 October 2026) and their planning committees make decisions on applications which must be delegated officers, those decisions may be subject to judicial review by anyone aggrieved by the decision. This may lead to the quashing of the decision.

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Tags

planninglaw, nsd, nationalschemeofdelegation, jr, judicialreview, local government