Hackney Council is preparing to significantly reform its planning decision-making processes in line with new national legislation, the Planning and Infrastructure Act 2025, which comes into effect on October 31, 2026. The reforms will alter the size and composition of planning committees, delegate more planning functions to council officers, and introduce mandatory training for committee members.

In anticipation of these changes, Hackney Council's Constitution Committee met on Tuesday, July 21, 2026, to recommend substantial amendments to the Planning Committee's terms of reference. A key proposal is the elevation of the current Planning Sub-Committee to a standalone committee, a move that aligns Hackney with the practices of many other local authorities and highlights the importance of planning decisions.

The new legislation introduces a National Scheme of Delegation that categorises planning applications. Some will be determined directly by officers, while others will undergo a gateway process. This process involves a nominated officer and a nominated member of the Planning Committee assessing whether an application raises issues of significant economic, social, or environmental importance, or other substantial planning matters, before it is referred to the committee.

Under the National Scheme of Delegation, applications are divided into those mandated for officer determination (Schedule 1) and those subject to the gateway process (Schedule 2). Schedule 2 applications will automatically be referred to the Planning Committee if recommended for approval and meet specific criteria. These include major developments, reserved matters for large outline permissions, listed building consent applications linked to referred applications, applications involving the felling of trees subject to a Tree Preservation Order, advertisement consent for adverts over 10m², illuminated freestanding adverts on the public highway, changes of use for developments with a floor area of 1000m², or changes of use resulting in the loss of a public house. Applications made by or on behalf of the Council, a member or officer, or an entity owned by them, will also be automatically referred. The remaining Schedule 2 applications recommended for approval will enter the gateway process.

The gateway process is designed to ensure that applications with significant local impact are appropriately identified. The Chief Planning Officer and the Chair of the Planning Committee will jointly consider whether a Schedule 2 application raises 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 consideration. If there is no agreement between the nominated officer and member, the case will be delegated to officers. This revised balance of applications considered by the committee is anticipated to lead to a more efficient, clearer, and transparent process, potentially reducing the number of applications referred to the committee.

The proposed new terms of reference will clearly outline which applications fall under officer delegation and which will be considered by the Planning Committee. The committee also recommended that the Monitoring Officer be granted delegated authority to finalise these terms of reference and any consequential amendments to the Planning Code of Conduct, taking into account any further secondary legislation. Failure to exercise this delegated authority in line with future secondary legislation could expose Hackney Council to a material risk of legal challenge and undermine the lawfulness and robustness of planning decisions taken after 31 October 2026. Decisions made in contravention of the regulations could be subject to judicial review and potentially quashed.

Councillor Alastair Binnie-Lubbock, Cabinet Member for Regeneration, Planning and Inclusive Neighbourhoods, will serve as Chair of the Constitution Committee for the Municipal Year 2026/27. Councillor Rolf Dekker has been nominated as Vice-Chair, pending approval by Full Council.

The report presented to the committee indicated no direct financial implications arising from these changes. Regarding the size and composition of the Planning Committee, while the legislation addresses these aspects, officers believe there is no need to change the current size, which has worked well for many years. The legal implications section notes that it will be for the Council to decide whether to retain the current membership of 10 (plus substitutes) or change it, subject to a legally imposed maximum of 13 members.

Further details on the committee's discussions and recommendations can be found in the Public reports pack for Tuesday 21 July 2026.