Council warns it cannot lawfully determine planning applications from end of month as it sets new meeting to consider constitutional changes

The National Scheme of Delegation in England introduces standardised rules governing which planning applications are decided by officers and which are referred to planning committees. Under the reforms, more decisions will be delegated to officers.

Councils are required to update their constitutions ahead of the new scheme taking effect on 31 October.

However, it emerged last week that at least four councils, including Bolton, have refused to amend their constitutions amid concerns that the reforms undermine local democracy.

Members at Bolton Council rejected the amendments on 7 October, despite officer recommendations and a warning from the council's legal team that failing to determine applications in accordance with the new scheme "would potentially render those decisions unlawful and liable to legal challenge".

The council is now scheduled to reconsider the constitutional changes on 10 November.

In an update published on Wednesday (28 October), Bolton said: "Nationally the new rules will apply from October 31.

"This means Bolton Council will not legally be allowed to hold Planning Committee Meetings or determine any planning applications, after this date unless and until the constitution is amended.

"The council will continue to receive and assess new and existing applications during this period.

"Unfortunately disruption to the planning system locally and delays to decisions are inevitable."

Fenland, Central Bedfordshire and Tameside councils have also failed to approve the necessary constitutional changes ahead of the 31 October deadline.

Councillors at Tameside are due to reconsider the amendments at a full council meeting on 3 November, after the authority's monitoring officer, Janet Witkowski, warned members that she would issue a section 5 report if they refused to adopt the changes at a meeting earlier this month.

In her report for the upcoming meeting, Witkowski again recommends adopting the amendments and warns that the council's failure to put the necessary arrangements in place "means it is acting unlawfully, as the Regulations clearly state that a local planning authority 'must' make those arrangements".

The report adds: "In addition, unless and until those arrangements are put in place, the Council cannot make lawful planning decisions. For this reason, no lawful planning decisions can be made on any planning applications under consideration until the matters are resolved and the Regulations complied with."

The report also references confidential legal advice obtained from planning barristers Christopher Katkowski KC and Alan Evans.

Meanwhile, Fenland and Central Bedfordshire councils are not currently scheduled to reconsider the amendments at any upcoming meetings.

Adam Carey