Waltham Forest Council has adopted new rules governing its Planning Committee, aiming to streamline the planning process in line with national legislation. The changes, approved at a full council meeting on Thursday, July 16, 2026, introduce new schedules for application types and adjust the criteria for when applications are determined by officers versus the committee.

The national legislation mandating the delegation of smaller developments to officers is the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 (the 2026 Regulations ), which are due to come into force on 31 October 2026. These regulations were introduced through the Planning and Infrastructure Act 2025 . The government's aim behind this national scheme of delegation is to ensure that there is greater clarity and consistency about the role of planning committees in planning decision making. The government has indicated that committees should focus on the key proposals that matter to an area, enabling other, often more minor and technical, decisions to be made by planning officers.

Under the revised terms of reference, Schedule 1 applications, which include householder applications and smaller residential and commercial developments (under 10 units), will now be automatically delegated to planning officers for decision. This aligns with new national legislation designed to speed up the planning process. Councillor John Moss, Vice-Chair of the Planning Committee, explained that the new legislation from the Labour government mandates the delegation of smaller developments to officers, and that these amendments attempt to mitigate the effects of this law. He also noted that no action by any Councillor in this chamber, no call-in, no number of resident objections can force it in front of the planning committee for small developments of less than 10 homes due to new legislation.

Schedule 2 applications, encompassing major residential and commercial developments (10 or more units, or over 0.5 hectares), listed buildings, protected trees, advertisements, Section 73 amendments, and alterations to Section 106 obligations, may still be determined by the Planning Committee. However, these will only be referred to the committee if they meet specific gateway criteria. This gateway test involves the Assistant Director of Development Management & Building Control and the Chair of the Planning Committee agreeing to the referral. Applications should only be referred if they raise one or more issues of economic, social or environmental significance to the local area, or one or more significant planning matters having regard to the development plan and any other material considerations.

To balance efficiency with community engagement, the council has proposed reducing the threshold for triggering this gateway test from five objections to two in most cases, with councillor call-ins remaining an option. This aims to ensure that significant local concerns can still be brought before the committee. The amendments to the Planning Committee Terms of Reference and Planning Code of Practice aim to balance the spirit of this new legislation with this administration's promise to govern with accountability and openness by introducing this gateway test and strengthening opportunities for scrutiny. Councillor Biggs stated that this offers an acceptable balance, embracing efficiency, while supporting democracy and community engagement through strengthened opportunity for scrutiny.

Councillor Rob Gardner, who moved the amendments, stated that the changes were necessary to align with new national legislation and aimed to balance the spirit of this legislation with the council's commitment to accountability and openness.

Councillor Moss expressed concern about the shift towards delegating more decisions to planning officers, stating, Our officers had said, on balance, we think it is. And that's a phrase we hear far too often and read far too often in planning committee reports. Councillor Biggs also highlighted this sentiment. The amendments to the Planning Committee Terms of Reference and Planning Code of Practice aim to balance the spirit of this new legislation with this administration's promise to govern with accountability and openness by introducing a gateway test for Schedule 2 applications and strengthening opportunities for scrutiny.

The amendments to the Planning Committee Terms of Reference state that Councillor call-in will remain. The criteria for a councillor call-in are specified for different types of applications. For Schedule 2 applications, a call-in by a Ward Councillor (or neighbouring Ward Councillor) can trigger referral to the Planning Committee if the application is recommended for refusal or approval and has fewer than five qualifying representations. For specific Schedule 2 special interest applications (Listed Building Consents, protected trees, adverts, retrospective applications), a call-in by a Ward Councillor can trigger referral if there are two or more qualifying representations. For own interest applications from officers or members, a call-in by a Ward Councillor can also trigger referral to the Planning Committee under certain conditions. A qualifying representation must be submitted from an address within the Borough, within the statutory consultation period, and raise material planning considerations. Only one representation per household/address will be counted. Requests from Ward Councillors must be made by email to the Assistant Director, Development Management & Building Control, setting out why the application should be determined by Committee, having regard to material planning considerations only, and should be made within the statutory consultation period or as soon as reasonably practicable afterwards.

The new national legislation is due to come into effect on 31 October 2026. The report states that It is necessary for the Planning Committee Terms of Reference and Planning Code of Practice to be revised in order to align with the changes brought about by the Regulations. There is no mention of a grace period for existing applications within the provided text.

Read the full public reports pack here: Public reports pack 16th-Jul-2026 19.30 Council