Planning changes national regulations FAQs October 2026

Planning changes FAQs

Q: What changes are being introduced to the way planning decisions are made? 

A: The government is introducing new national regulations that set out how and by whom planning applications should be decided. These regulations change which applications are required to be decided by Council Officers and which may be able to be determined by a Planning Committee. Read the statutory guidance here:Planning Committees and the National Scheme of Delegation of Planning Functions: Draft guidance for local planning authorities in England - GOV.UK

Q: Why are these changes being made?

A: The changes are being introduced nationally by the Government to make planning decisions more consistent across the country and to help speed up straightforward applications.

Q: Can  choose not to implement these changes?

A: No. These are national requirements and all Councils must update how they work to reflect them. If we do not make these changes and applications are determined by the wrong-decision maker, there is a risk that decisions could be open to legal challenge. If this occurs and decisions are delayed or made inconsistently with the new national regulations, there is an increased risk of appeals. If we are found to have behaved unreasonably, there is also the potential for awards of costs against the Council. Failure to comply with the new regulations could also increase the risk of intervention by the Secretary of State in our decision-making processes.

We are required to update our Council Constitution before 31 October 2026 to reflect these new Regulations.

Q: When will the new rules come into effect?

A: The government published the final regulations in summer 2026, with full implementation coming into effect on 31 October 2026. There are no transitional arrangements, so the last Planning Committee under the current regulations will be that held on 28 October 2026.

Q: Who will make planning decisions in future?

A: Planning Officers will decide the majority of applications, particularly straightforward ones. Councillors will continue to be involved in more significant or sensitive cases, as long as they comply with the Regulations. It is worth noting that between January and October 2026, Planning Officers at Spelthorne determined around 98% of all applications.

Q: Will fewer applications go to Planning Committee?

A: Yes, fewer applications are expected to go to Committee. However, those that meet certain criteria or known as the “gateway tests”: having a significant economic, social or environmental impact on the local area, or raising significant planning matters in relation to the Local Plan or other material considerations, can still be considered by Councillors.

Q: Who decides whether an application goes to Committee?

A: The regulations include two “Schedules” of application types. Schedule 1 applications must be considered by Officers. These include:

  • Householder applications
  • Minor commercial and non-residential applications (less than 1,000m2 of floorspace or a site area of less than 1 ha)
  • Minor residential applications (1 to 9 dwellings or a site area under 0.5 ha if the exact number of houses is unknown)
  • An application to develop land without compliance with conditions where the original permission was a Schedule 1 permission
  • An application for permission in principle
  • An application for a non-material amendment
  • An application for a Certificate of Lawfulness (Existing or Proposed)
  • An application for reserved matters approval where the outline permission was not a large outline permission
  • An application for discharge of a planning condition
  • An application for prior approval or determination as to whether prior approval is required

Schedule 1 covers the majority of application types that we receive at Spelthorne.

Schedule 2 applications are limited in type and include:

  • An application for listed building consent or the variation or discharge of conditions of a listed building consent
  • An application which is connected with an application for listed building consent or the variation or discharge of conditions of a listed building consent
  • An application for planning permission that is not a householder application or a minor commercial or minor residential development
  • An application to develop land without compliance with conditions where the original permission was a Schedule 2 permission
  • A retrospective application for planning permission
  • A reserved matters approval application in respect of a large outline permission
  • An application for express consent to display advertisements
  • An application for consent under a tree preservation order

In Schedule 2 cases, the nominated Council Officer and nominated Councillor will discuss whether a planning application should be considered by the Planning Committee. The final decision rests with the nominated Officer. The nominated Councillor will be the Chair of Planning Committee, and the Officer will be the Planning Team Leaders. The Vice Chair and Team Leaders will be able to deputise. This reflects the collaborative approach already in place, with Officers and Councillors working closely together to ensure applications are managed appropriately and consistently.

Q: Will the new arrangements be reviewed by Government?

A: Yes. Government has committed that, within 3 years of them coming into effect, it will:

    a) Carry out a review of the Regulations; and

    b) Publish a report setting out the conclusions of the review. 

The review must:

    a) Set out the objectives intended to be achieved by the Regulations;

    b) Assess the extent to which those objectives are achieved;

    c) Assess whether those objectives remain appropriate; and

    d) Set out any proposals for amending the regulations

Q: Will Ward Councillors still be able to “call in” a planning application to Planning Committee?

A: Not in the current way. Schedule 1 applications must be determined by Officers, and the regulations give no flexibility in this matter. Schedule 2 applications (which are expected to be few in number) may only go to Committee if they meet one or both of the two “gateway tests” and if this is subsequently agreed by the nominated Member and the nominated Officer.

Although there will be no right of call-in, Members will be able to request a Schedule 2 application be considered by Planning Committee, subject to the application meeting the gateway tests and its consideration by Committee being agreed by the nominated Member and Officer.

The right to request consideration will be extended so that all Members can request any Schedule 2 application be considered by Committee, whether or not that application is in their own Ward.

Q: Will my views still matter?

A: Yes. Residents and Councillors will still be able to comment on planning applications View, comment or object to planning applications | Spelthorne Borough Council and those views will continue to be considered when decisions are made by Planning Officers or, where relevant, the Planning Committee. If a decision is appealed, the Planning Inspector will also consider the comments and evidence submitted as part of the process.

Q: How can I stay involved in planning decisions?

A: You can:

Q: Will local priorities still be considered?

A: Yes. The basis of planning decisions will continue to be made using both national and local planning policies, ensuring local priorities remain important.

Q: Will Councillors still be involved and can they raise concerns about applications?

A: Yes. Councillors will continue to play an important role in the planning process. They can still submit their views on applications and may ask for an application to be considered by the Planning Committee if it falls within Schedule 2 and if they also believe it meets the relevant “gateway tests.”

Councillors who sit on the Planning Committee, or who may substitute on the Committee, must remain open-minded and cannot make up their minds about an application before all the relevant information has been considered. This is the same approach that applies now and helps ensure decisions are made fairly and in line with planning policies.

Q: Will the process still be fair and transparent?

A: Yes. The council remains committed to making planning decisions fairly, consistently and openly. There will be clear reporting on where requests for applications to be considered by the Planning Committee have been made, the reasons why, whether the referral is agreed or not and why this decision was reached. This information will be regularly reported back to the Planning Committee, helping to ensure transparency, and accountability.

Q: What are the main benefits of these changes?

A: Faster decisions for straightforward applications, more consistent decision-making nationally, and Councillors can focus on the most locally significant applications.

Q: Will this make decisions quicker?

A: Yes, in general. Straightforward applications can be processed more efficiently.

Q: I am worried about losing local input.

A: It’s understandable to have concerns but residents can continue to have their say through the planning process by submitting comments or speaking to their Ward Councillors.

Q: How will I know more as things progress?

A: We will share updates through our website, social media and newsletters, and will clearly explain any changes to how planning decisions are made.

There will also be regular reporting on which applications are referred to the Planning Committee, why they were referred, and whether decisions were made by the Planning Development Manager or the Committee, helping to ensure transparency and accountability.

Q: What about Local Government Reorgansation?

A: From 1 April 2027, Surrey's 12 councils will be replaced by two new unitary councils (East Surrey and West Surrey) and Spelthorne will be part of West Surrey Council. There will be 14 Councillors representing 7 Wards across Spelthorne Your West Surrey Councillors - Guildford Borough Council

The same statutory planning guidance will continue to apply across West Surrey. This means that the established planning requirements will remain in place, providing continuity and consistency for residents, applicants and communities as the new arrangements are introduced.

The existing County, Borough and District Councils will operate as normal until 1 April 2027, and the existing county, borough and district councillors will continue in their roles until then. The unitary council will operate as a shadow authority alongside the existing County, District and Borough Councils until it officially takes over the delivery of services from 1 April 2027. The West Surrey Councillors will have a five-year term of office and then subsequent terms of office will be for four years.

 

 

Last modified: 23/10/2026