Havering Council has agreed changes to its planning committee arrangements and Council constitution to comply with new national planning legislation coming into force later this year.
The agreed changes follow the Government’s Planning and Infrastructure Act 2025 and new regulations which introduce a national scheme of delegation for planning decisions in England from 31 October 2026.
Under the new requirements, some types of planning applications will have to be decided by planning officers rather than by committee.
Other applications will only be considered by committee if they pass a new “Gateway Test”, agreed by the Chief Planning Officer and the Chair of the Planning Committee.
As part of the reforms, the Council’s existing Planning Committee and Strategic Planning Committee will be replaced with a new Planning Committee operating within the size, attendance and decision-making requirements set out in the new regulations.
The changes mean there will no longer be a general right for councillors to call in planning applications for committee consideration.
Instead, applications covered by Schedule 1 of the regulations, including many householder, minor commercial and minor residential applications, will be determined by officers.
Relevant Schedule 2 applications may be referred through the Gateway process where they raise significant local economic, social or environmental issues, significant planning matters, or involve the Council’s own interests.
Full Council has agreed amendments to the constitution, so Havering’s planning decisions remain legally sound, transparent and consistent with the new national framework.
The revised arrangements are also intended to keep the planning service efficient by ensuring committee time is focused on applications that are of significant importance or have a potential impact on the Borough.
The constitutional changes were agreed by Full Council through the Council’s governance process.
Councillor Keith Prince AM, Leader of Havering Council, said:
“These changes are being introduced nationally and it is important that Havering’s constitution is updated so our planning decisions remain lawful and robust.
"However, I am concerned that the Government’s reforms will reduce the role of elected Councillors in the planning process.
"Residents elect Councillors to represent their communities and make decisions on their behalf.
“The proposed gateway test means more applications will be delegated, reducing opportunities for democratic scrutiny."
The national guidance warns that, from 31 October 2026, planning decisions made by committees where the regulations require delegation to officers may be vulnerable to legal challenge.
Updating the constitution will therefore help protect the Council’s decision-making process and reduce the risk of decisions being quashed.
The Council will continue to publish planning applications, consult residents and stakeholders where required, and make decisions in accordance with planning law, the development plan and all relevant material considerations.