Newham Council to streamline planning decisions in line with new national legislation

Newham Council's constitution is set for significant changes following a recent Audit and Governance Committee meeting, which endorsed a proposal to streamline planning decision-making processes in line with new national legislation. The reforms are intended to increase housing delivery by making the planning process more efficient.

The committee, meeting on Wednesday, 14 October 2026, indicated a preference for officers to proceed with Option A, which involves decommissioning the Local Development Committee (LDC) and retaining the Strategic Development Committee (SDC) as the council's sole planning committee. This move is a direct response to the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026, which came into effect on 31 October 2026 and introduce a national scheme of delegation for planning decisions.

Under the new regulations, fewer planning applications will be determined by elected members, with more decisions being made by council officers. The proposed changes aim to ensure that routine and technical applications are processed efficiently, while strategically significant developments continue to receive democratic oversight. An analysis of past Local Development Committee cases indicated that under the new regulations, only 5 out of 19 reviewed applications would have remained eligible for committee determination, with the remainder requiring officer determination. This suggests a significant reduction in the volume of applications going to committee, with the aim of speeding up decision-making for less complex cases.

Delegated Powers and the Gateway Process

The committee heard that the new legislation categorises planning applications into Schedule 1, which must be determined by officers, and Schedule 2, which may be referred to a committee if a statutory Gateway test is satisfied. Schedule 1 applications, which cannot be referred to the Planning Committee, typically include householder developments, minor extensions and alterations, small commercial developments, non-material amendments, discharge of condition applications, certificates of lawfulness, biodiversity gain plan approvals, permission in principle applications, and other routine applications that do not satisfy the statutory significance tests. Government guidance emphasizes that routine and technical applications should be determined efficiently through delegated officer powers.

Applications falling within Schedule 2 may only be referred to committee if a statutory Gateway test is satisfied, and both the Nominated Officer and Nominated Member agree that Member determination is warranted. The Gateway Referral Protocol outlines that applications may be considered for referral to the Strategic Development Committee if they raise:

• A significant planning matter; and/or
• A significant economic, social or environmental issue affecting the local area.

When determining significance, no single factor automatically requires committee consideration. The Nominated Officer and Nominated Member will exercise planning judgment based on the specific circumstances of each case. Applications that may be considered suitable for referral include those of substantial or strategic importance, those attracting significant public interest, complex or novel planning issues, or those likely to have a significant impact on the economic, social, or environmental wellbeing of the Borough. Statutory or exceptional circumstances may also warrant committee consideration.

Safeguards and Transparency

Concerns about transparency and reduced public scrutiny were raised by councillors, particularly regarding the Gateway process. Councillor Rachel Tripp highlighted the need for better online accessibility of planning information and suggested improvements to how residents and ward councillors are notified of applications. Councillor Nate Higgins expressed discomfort with approving changes without clearer information on which decisions were locally determined versus mandated by national legislation.

Safeguards will be in place to mitigate these concerns. A Gateway Referral Protocol is being introduced to provide a democratic checkpoint for applications not automatically delegated to officers. This process involves consultation between a nominated officer and a nominated member (Chair of the SDC). The Gateway process aims to be transparent and auditable, with decisions recorded and retained. A Gateway Monitoring Schedule will record applications considered, referral decisions, and reasons. Mandatory training will be provided for members involved in the planning and Gateway processes.

Officers assured the committee that the planning process would remain open and transparent, with continued opportunities for public and ward councillor engagement. Residents will still be able to make representations about planning applications, and there will be a 28-day period before any planning application is determined. For significant applications that go to committee, residents will still be able to speak at committee meetings. Councillor Tripp suggested that minutes of gateway meetings be published to enhance transparency, and this was noted as a potential improvement.

Committee Structure and Membership

Option A, the committee's preferred choice, would see the SDC's membership potentially increased from nine to up to 13 members to accommodate the new legislative framework. If the council agrees to increase the membership to 13, a further report will be brought to council regarding political proportionality to allocate the additional seats proportionally to each political group. The report also notes that if the Local Development Committee is dissolved, its 12 members would lose their seats, but members who are also on the SDC would retain their position.

Statutory Deadline

The urgency of the changes was stressed due to the statutory deadline for implementing the new legislation. The Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 came into effect on 31 October 2026. Constitutional amendments must be approved and implemented at Full Council on 2 November 2026 to ensure compliance. Failure to have a lawful planning function in place by this deadline would mean that planning decisions could not be made, potentially resulting in unlawful decision-making and uninvited consequences from government and regulators.

For more information on the proposed changes, please refer to the Public reports pack for the Audit and Governance Committee meeting on 14th October 2026 and the Supplementary Agenda 1 on Constitution Review and Planning Reforms.