Planning Scheme of Management

Approved by Mandy Lewis, Chief Planner Assistant Director, on 30 October 2026.

1. Reference to Regulations in this document is a reference to the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026.

2. This Planning Scheme of Management allows the Assistant Director Chief Planner to discharge their responsibilities under the Planning Scheme of Delegation in the Constitution, and for the purposes of Regulation 3, 4 and 5 of the Regulations to produce a document that clearly sets out:

1. the member of the Councill who acts as the Nominated Member;
2. one or more members of the Council who act as a substitute for the Nominated Member;
3. the officer of the Council who acts as the Nominated Officer;
4. one or more officers of the Council who act as a substitute for the Nominated Officer
5. the process for consideration and referral of a Schedule 2 application to Planning Committee or Strategic Applications Sub-Committee

3. The document must also set out:

• the officer(s) of the Council who have delegated power to determine a Schedule 1 planning application (Regulation 4); 
• the officer(s) of the Council who have delegated powers to determine a Schedule 2 planning application (Regulation 5); 
• the officer(s) of the Council who have delegated powers to determine an Own-Interest Application (Regulation 6); and
• the officer(s) of the Council who have delegated powers under the Constitution to determine any other planning matter.

4. This document sets out the rules within the Regulations and provides additional advice on the use of delegated powers; both those powers derived from the Regulations and the powers delegated to the Assistant Director Chief Planner in the Council’s Constitution.

2. Nominated Members

1. Pursuant to Regulation 3(1)(a) and 3(2)(a) the Nominated Member for the purposes of Regulations 5 and 6 is the Chair of Planning Committee.
2. Pursuant to Regulation 3(2)(b), where the Nominated Member is unavailable for whatever reason, the substitute Nominated Member is the Vice Chair of Planning Committee.

3. Nominated Officers

1. Pursuant to Regulation 3(1)(b) and 3(2)(a) the Nominated Officer for the purposes of Regulations 5 and 6 is the Assistant Director Chief Planner.
2. Pursuant to Regulation 3(2)(b), where the Nominated Officer is unavailable for whatever reason, the substitute Nominated Officer is the Senior Planning Manager and Development Management Manager. 

4. Types of application

1. Within this scheme of management, the following terms have the following meaning;
    
   
   1. Schedule 1 Application means any application that is of a kind specified in Schedule 1 to the Regulations, is not a Schedule 2 application and is not an own interest application 
   2. Schedule 2 application means an application that is specified in schedule 2 to the Regulations and is not an own interest application
   3. Own Interest Application means an application to the local planning authority that is either a Schedule 1 Application or Schedule 2 Application, but it is made by or on behalf of that authority, a member of that authority or an officer of that authority or it is the view of the Nominated Officer and Nominated Member that the Council, member or officer has an interest in the application.
   4. Triage Application means a Schedule 2 application that has been triaged in accordance with this planning scheme of management and passed the triage test.
   5. Residual Application means a Schedule 2 application that has been considered by the Nominated Officer and Nominated Member for referral to Committee but has not passed the Gateway test. 
   6. The Gateway Test means a Schedule 2 application that 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 considerations 
       
2. A Schedule 1 Application must be delegated to the relevant officer and cannot be determined by Committee unless it is an Own Interest Application.
    
3. All Schedule 2 Applications will be identified, any application which is;

(i) a planning application for development (including s.73 applications) that is compliant with the Development Plan and/or NPPF;

(ii) an application for listed building consent or variation or discharge of conditions on a listed building consent;

(iii) an application for consent under a Tree Preservation Order; 

(iv) an application for express consent to display an advertisement; or 

(iv) a request or application to modify or discharge a S.106 agreement (connected with a Schedule 2 application)

 will be a Triage Application having passed the triage test.

4. A Triage Application that has passed the triage test will be delegated to the relevant officer and not determined by Committee unless any of the following circumstances apply:

• a written call-in request from any Elected Member has, prior to the last date for comment as published on an application for either their Ward or a Ward which would be substantially affected by the proposals, is received by the Chief Planning Officer and case officer, setting out their reasons why the requirements of the Gateway Test are met in relation to that application, or,
• 15 individual Objections to the application are received from members of the public during the designated public consultation period, or,
• one or more petitions of objection totalling 25 or more individual signatories from members of the public are received during the designated public consultation period,
• The Assistant Director Chief Planner considers there are planning reasons why the application should be subject to the Gateway Test

in which case the application will be considered by the Nominated Officer and Nominated Member for referral to Committee as it is considered that this type of application will be potentially likely to meet the Gateway Test. 

5. Any applications that fail the triage test (ie a planning application for development that does not comply with the Development Plan and/or NPPF) will be considered by the Nominated Member and Nominated Officer against the Gateway Test for referral for determination by Committee, unless officers are minded to recommend refusal of the application in which case it will be treated as a Residual Application.

6. Any applications that fall to be considered by the Nominated Member and Nominated Officer will be considered against the Gateway Test and will have regard to relevant guidance issued by the Secretary of State in accordance with regulation 5 of the Regulations. Any application that does not pass the Gateway Test will be a Residual Application.

7. A Residual Application will be delegated to the relevant officer and not determined by Committee.

8. A Schedule 2 Application that the Nominated Officer and Nominated Member consider passes the Gateway Test will be determined by the Planning Committee or the Strategic Applications Sub-Committee.

The Strategic Applications Sub Committee shall determine all Schedule 2 applications that pass the Gateway Test that comprise:

(i)    larger-scale major developments which are residential developments of houses or more, or where the number of dwellings is not specified a site area of 4 hectares or more, and non-residential developments of 10,000 square metres or more or where the site area is 2 hectares or more; or,

(ii)   significant Own Interest Applications by the Council to develop any land owned by the Council, or for development of any land by the Council or by the Council jointly with any other person 

and the Planning Committee will determine all other applications, including all other Own Interest Applications. 

9. Own Interest Applications will be considered by the Nominated Officer and Nominated Member in accordance with the procedure set out below.

5. Sub-Delegation

1. The Regulations and the Constitution provide that different officers can be nominated for different purposes with respect to the determination of planning applications and other planning matters.

2. The role of Nominated Member and Nominated Officer is to decide whether a Schedule 2 application that fails the triage test or an Own-Interest Application is determined by Committee. 

3. The Assistant Director Chief Planner has sub-delegated the task of determining the following planning application categories to the following officers of the Council.

Schedule 1 Applications 

1. Applications that must be determined by the relevant officer in accordance with regulation 4 of the Regulations. 

Application category	Service Head	Section Head	Other Named Posts
All Schedule 1 applications	Senior Planning Manager and Development Management Manager	Development Management Team Leaders	Principal and Senior Planning Officers.

Schedule 2 Triaged Applications 

4. Triaged Applications that are to be determined by the relevant officers.

Application category	Service Head	Section Head	Other Named Posts
All Schedule 2 Triage Applications	Senior Planning Manager and Development Management Manager	Development Management Team Leaders	Principal and Senior Planners

Schedule 2 Residual Applications 

5. Residual Applications that are to be determined by the relevant officers.

Application category	Service Head	Section Head	Other Named Posts
All Schedule 2 Residual Applications	Senior Planning Manager and Development Management Manager	Development Management Team Leaders	Principal and Senior Planners

Own-Interest Applications 

6. Own Interest Applications that are to be determined by the relevant officers

Application category	Service Head	Section Head	Other Named Posts
Own-interest applications	Senior Planning Manager and Development Management Manager	Development Management Team Leaders	Principal and Senior Planners

Other Planning Matters

7. The Constitution delegates planning matters to the Assistant Director Chief Planner. The Assistant Director Chief Planner has sub-delegated the task of determining the following planning matters to the following officers of the LPA.

Planning Matter	Service Head	Section Head	Other Named Posts
i.to take enforcement action on all matters relating to the issue, modification, service and withdrawal of Enforcement Notices, Listed Building Enforcement Notices, Planning Contravention Notices, Breach of Condition Notices, Discontinuance Orders, Stop Notices and Temporary Stop Notices, and to take direct action in respect of any breach of planning control;	Senior Planning Manager and Development Management Manager	Development Management Team Leaders	Principal and Senior Planners
ii. To require owners to carry out proper maintenance of land where its condition detracts from the amenity of the immediate surrounding area, including the service of appropriate statutory notices under Section 215 of the Town and Country Planning Act;	Senior Planning Manager and Development Management Manager	Development Management Team Leaders	Principal and Senior Planners
iii. To serve planning contravention notices and to hold discussions as a result of the “time and place” procedure under Section 171(C) of the Town and Country Planning Act;	Senior Planning Manager and Development Management Manager	Development Management Team Leaders
iv. To make Tree Preservation Orders under section 198 and section 201 of the Town and Country Planning Act and to subsequently confirm Tree Preservation Orders, except where five or more objections have been received, in which case the matter shall be determined by Planning Committee;	Senior Planning Manager and Development Management Manager	Development Management Team Leaders	Tree Preservation Officer Assistant Tree Preservation Officer
v. To require replanting of trees covered by Tree Preservation Orders as is considered necessary;	Senior Planning Manager and Development Management Manager	Development Management Team Leaders	Tree Preservation Officer Assistant Tree Preservation Officer
vi. To issue screening opinions and scoping opinions (under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2017;	Senior Planning Manager and Development Management Manager	Development Management Team Leaders
vii. To authorise entry on to land under Sections 196 214(b) and 324 of the Act and under Section 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990;	Senior Planning Manager and Development Management Manager	Development Management Team Leaders
viii. To consider Conservation area  protection notifications under Section 211 of the Act;	Senior Planning Manager and Development Management Manager	Development Management Team Leaders	Tree Preservation Officer Assistant Tree Preservation Officer
ix. To present and defend the Council’s case in any appeal made against a planning decision including appeals against non-determination and enforcement appeals;	Senior Planning Manager and Development Management Manager	Development Management Team Leaders	All Planners
x. To make changes to conditions approved at Committee (in the light of changing circumstances between the meeting and the issue of the decision) provided this is in line with the principles of the Committee’s decision;	Senior Planning Manager and Development Management Manager	Development Management Team Leaders
xi. To issue Enforcement Warning Notices pursuant to Section 172ZA of the Town and Country Planning Act 1990;	Senior Planning Manager and Development Management Manager	Development Management Team Leaders
xii. To exercise all the powers and duties of the Council arising under the provisions of the Hedgerows Regulations 1997;	Senior Planning Manager and Development Management Manager	Development Management Team Leaders
xiii. To respond to consultations from neighbouring local planning authorities on planning applications;	Senior Planning Manager and Development Management Manager	Development Management Team Leaders
xiv. To respond to all consultations on proposed changes to relevant legislation or national guidance;	Senior Planning Manager and Development Management Manager	Development Management Team Leaders
xv. To exercise all the powers and duties under Part 8 of the Anti-Social Behaviour Act 2003 to consider and determine complaints about high hedges, to issue any remedial notices and to defend the Council’s decision in any appeal made;	Senior Planning Manager and Development Management Manager	Development Management Team Leaders
xvi. To determine the requirements for, and amend when necessary, the local validation list for planning applications;	Senior Planning Manager and Development Management Manager
xvii.To exercise all the powers and duties of the Council arising under the provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990 relating to listed buildings and conservation areas except those that are Schedule 1 Application or a Schedule 2 Application	Senior Planning Manager and Development Management Manager	Development Management Team Leaders
xviii. To exercise all powers and duties of the Council arising under the Town and Country Planning (Control of Advertisements) Regulations 2007 except those that are Schedule 1 Application or a Schedule 2 Application	Senior Planning Manager and Development Management Manager	Development Management Team Leaders
xix. To exercise all the powers and duties of the Council arising under the provisions of the Planning (Hazardous Substances) Act 1990	Senior Planning Manager and Development Management Manager	Development Management Team Leaders
xx. To exercise all the functions of the Council in respect of applications for development consent for Nationally Significant Infrastructure Projects made to the Examining Authority arising under the provisions of the Planning Act 2008;	Senior Planning Manager and Development Management Manager

8. With respect to a planning matter that is delegated to the Assistant Director Chief Planner but is not listed above, the Assistant Director Chief Planner can, at their discretion, sub-delegate the task of determining the matter to another officer.

6. Use Of Delegated Powers

1.    When using delegated powers or referring a matter to committee for a determination, an officer of the Council must make sure that they take such decisions in the appropriate way and that they are recorded. This should be captured in the associated delegated or committee report with respective sections titled:

• Reason for determining under delegated powers
• Reason for referral to Committee

2. These reasons should be succinct but clear.

Schedule 1 Applications

3. These applications must always be determined under delegated powers and cannot be referred to committee for determination. The associated delegated report should therefore state:

This is a Schedule 1 Application. By virtue of Regulation 4, it must be dealt with under delegated powers.

Schedule 2 Applications 

Triaged Applications

4. The categories of application in Schedule 2 that have been identified as Triage Applications and should be determined under delegated powers. The associated delegated report should state:

This is a Schedule 2 Application. By virtue of Regulation 5, it should be dealt with under delegated powers because the Gateway Test is not engaged.

Gateway Test Applications

5. If it is agreed to refer an application to Committee, that decision and the reasons for it should be set out succinctly and clearly in the associated committee report as follows:

This is a Schedule 2 Application. By virtue of Regulation 5, it is being reported to Committee because the Nominated Member and Nominated Officer agree that it is necessary because [it raises one or more issues of economic, social or environmental significance to the local area and it raises one or more significant planning matters having regard to the development plan and any other material considerations.

6. If the application is a Residual Application and remains a delegated decision, the associated delegated report should state:

This is a Schedule 2 application. By virtue of Regulation 5, it is being dealt with under delegated powers because the Nominated Member and Nominated Officer do not agree that the Gateway Test is engaged because it does not raise any issues of economic, social or environmental significance to the local area and nor does it raise any significant planning matters having regard to the development plan and any other material considerations.

Process For Own-Interest Applications

7. The decision-making process for these applications should be one of ensuring openness and transparency. In deciding whether to refer to Planning Committee or Planning Applications Sub Committee, the Nominated Member and Officer should ensure that, because of the nature of the applicant, there is not a real (or reasonably perceived) risk of bias by determining the application under delegated powers and secondly that, because of the nature of the development, there is a good reason to refer it to Planning Committee or Planning Applications Sub Committee.

   Own-Interest Applications: Applicant Considerations

8. In this context, category (c) Linked Persons should normally be narrowed to only apply to:
    

• a Senior Officer of the Council; or
• an ‘officer of the Local Planning Authority’
• a member of the Council.
   

9. The first would be defined as Service Head level and above.
10. The second, would be defined as an officer within the Council who, in the opinion of the Assistant Director Chief Planner is closely involved in the day-to-day work of the Council’s planning function. 
11. It is reasonable to conclude that other officers of the Council would not be known to the planning service and therefore the risk of bias is not engaged. Such applications should be determined in the same way that any other application in that Schedule would be determined. The details of the Own-Interest applicant status should be recorded in the respective committee or delegated report with the following introduction:

This is an Own-Interest Application because the applicant is an officer of the Council, but as they are not a senior officer nor closely involved in the day-to-day work of the Council’s planning function it has not been reported to committee for that reason. [This is a Schedule 1 Application. By virtue of Regulation 4, it must be dealt with under delegated powers.] [This is a Schedule 2 Application. By virtue of Regulation 5, it should be dealt with under delegated powers because the Gateway Test is not engaged.].

Own-Interest Applications: Development Considerations

12. For any Own Interest Application in determining whether there is a good reason to refer that application to Planning Committee or Planning Applications Sub Committee because of the nature of the development the Nominated Member and Nominated Officer will consider referral to and determination by Planning Committee or Planning Applications Sub Committee if one of the following criteria applies:

• the proposal has been advertised under Article 15 of the DMPO because it does not accord with the provisions of the development plan; or
• one or more material planning considerations are raised that have the potential to have a significant impact.

13. This allows the circumstances of each application to be assessed and if it is for a development that complies with policy and there is not considered to be a material planning objection, it can be dealt with under delegated powers, with the reason recoded in the delegated report as follows:

This is an Own-Interest Application. By virtue of Regulation 5, it is not being reported to committee because it has not been advertised under Article 15 of the GMPO as a departure and nor is there considered to be a material planning objection.

14. Where either of these criteria applies, the Nominated Member and Nominated Officer must agree that it is necessary for the planning application to be referred to and determined by Planning Committee or Planning Applications Sub Committee and this should be recorded in the normal way in the associated committee report as follows:

This is an Own-Interest Application. By virtue of Regulation 5, it is being reported to Committee because the Nominated Member and Nominated Officer agree that it is necessary because [it has been advertised under Article 15 of the GMPO as a departure] [and] [there is considered to be a material planning objection].

15. To ensure that these matters can be safely administered, and the risk of fraudulent objections is minimised, a material planning objection must have been made in writing in response to the publicity/advertisement/notification of the application, be from a person with an address within the LPA area and be received within the designated consultation period.
16. With these safeguards in place, such applications will be put to committee where that serves a legitimate purpose but can be dealt with under delegated powers where committee involvement is not necessary as is determined by the Nominated Officer and Nominated Member. 
17. Where a local planning authority is determining its own application for planning permission, it must not be determined by a committee, sub-committee or officer responsible for the management of the building or land to which the application relates. In addition to this restriction, where a planning application is made by or on behalf of a nominated officer or member or an entity owned or controlled (whether wholly or partly) by a member or officer (including jointly with another person), in the interests of propriety, they should not be involved in the decision on whether to refer it to committee or not.

Officer’s discretion to use delegated powers

18. With respect to planning applications covered by the Regulations, officers do not have discretion to decide to report a matter to committee. Only the Nominated Member and Nominated Officer can jointly take that decision.
19. With respect to any other planning matter that is capable of being dealt with under delegated powers, an officer does have the ability, in their absolute discretion, to decide that it is not appropriate in the circumstances of a particular case to exercise those powers with respect to that planning matter and therefore report it to members (Full Council or Planning Committee or Strategic Applications Sub Committee as appropriate) for determination.
20. In both cases, that decision and the reasons for it should be set out succinctly and clearly in the associated committee report, as follows:

This is [describe the planning matter]. It is being reported to [Council] [Cabinet] [Committee] because the Assistant Director Chief Planner  considers that it is necessary because […].

21. The following categories of matters shall be determined by the Assistant Director Chief Planner in consultation with the Chair and Party spokespersons;
    
    1. Recommendations not to take enforcement action relating to Priorities 1, 2, and 3 of the adopted Planning Enforcement Policy on the grounds of non-expediency,
    2. Any decision to revoke a Tree Preservation Order and not replace it,
    3. Any decision to inform the appellant and the Planning Inspectorate that the Council will not seek to defend the reason(s) for refusal at an appeal against a planning decision, in cases in which the advice of the Head of Legal is that the specific reasons are unreasonable and/or likely to undermine or weaken the Council’s case, provided that any such action does not overturn the substantive decision of the Committee.