National Scheme of Delegation
The Building Safety Levy (BSL) will come into effect on 1 October 2026. It is a tax on new dwellings and new bedspaces in purpose‑built student accommodation (PBSA).
Developers must pay the levy on certain building control applications or notices before completion or occupation of the building. The Council will collect the levy.
The Building Safety Levy (England) Regulations 2025 sets out how the levy will operate.
Changes to how some planning applications are decided from 31 October 2026The Government has introduced new national rules about who decides planning applications.
These rules are formally called the national scheme of delegation. From 31 October 2026, they will decide which applications must be decided by planning officers and which may go to Planning Committee.
The rules will apply to cases decided from that date. We have updated Lewisham’s Constitution to reflect the changes.[
From 31 October 2026, new national rules will apply when planning decisions are made, including on applications submitted before that date. Most types of application must be decided by planning officers.
Other types will normally be decided by officers but may go to Planning Committee if the legal tests are met and the nominated officer and councillor agree. This replaces the Council's existing local scheme of delegation within the Constitution.
The way planning applications are assessed is not changing. All applications will continue to be considered against planning law, the development plan and other material planning considerations. Public consultation will continue and comments from residents, businesses, local organisations and ward councillors will continue to be taken into account.
The main change is that the route by which a decision is made will now be set by national legislation. Some applications that might previously have been considered by a Planning Committee may now be decided by planning officers.
How will the decision route be decided?
Regulation 5 Schedule 2 applications and Regulation 6 own-interest applications
Assessment - the case officer reviews the application, consultation responses and key material planning considerations to identify any potential gateway issues.
Senior officer review
- senior officers review the application against the gateway criteria to identify any potentially significant local or planning issues
- if there are no potential issues the case proceeds to a Delegated Decision
- if there's a potential issue, the case proceeds to a Nominated Officer Assessment
Nominated Officer Assessment
The nominated officer reviews the relevant gateway criteria, material planning considerations and any Council interest, deciding whether committee referral may be justified and giving concise reasons.
Committee referral may be justified - the case will move to a Nominated Member Assessment. If it's not justified, the case will move to a Delegated Decision.
Nominated Member Assessment
The nominated member reviews the officer's assessment and either agrees committee referral, disagrees, or seeks clarification.
If the nominated member and officer agree to Committee referral, the case will move to a Committee Decision. If it's not justified or agreed, the case will move to a Delegated Decision.
Delegated Decision
Regulation 4 Schedule 1 applications
Schedule 1 applications that are not own-interest applications must be decided by planning officers and cannot follow the gateway route to committee:
These include:
- householder development
- minor residential scheme (generally 1-9 homes on sites under 0.5 hectares)
- defined minor commercial development
- prior approvals, permission in principle and certificates of lawfulness
- discharge of conditions and non-material amendments
- certain reserved matters, section 73 and section 106A applications linked to a Schedule 1 permission
Schedule 2 applications
Schedule 2 applications returned to officers from the reviews and assessments continue through the normal delegated process.
Most Schedule 2 applications are expected to be decided by officers, unless the gateway test supports referral to committee.
This includes own-interest applications, which are not automatically referred to committee but are considered carefully to ensure transparency and public confidence.
Questions you might have
What's changing?
From 31 October 2026, national rules will determine which planning applications must be decided by planning officers and which may be referred to Planning Committee.
This means:
- the number of objections will not determine whether an application goes to Planning Committee
- a ward councillor will not be able to send an application to Planning Committee simply by asking for it to be called in
- the Chair’s review process and similar local referral arrangements will end
- an application can only go to Planning Committee where the national rules allow it and the relevant legal tests are met
You can still comment on planning applications. We will consider all relevant planning comments before making a decision.
Why is this change being introduced?
The Government wants clearer and more consistent rules across England about which applications are decided by planning officers and which may go to Planning Committee.
Planning committees are expected to focus on proposals with the most significant effects, while more minor or technical applications are decided by officers.
Is the way applications are assessed changing?
No. We will continue to assess applications against planning law, the development plan and other material planning considerations.
The main change is who makes the decision on some applications.
Does this apply to applications that have already been submitted?
Yes. The national rules apply to decisions made from 31 October 2026, including decisions on applications submitted before that date.
Will planning applications still go to Planning Committee?
Yes. Most applications will be decided by planning officers, but some may go to Planning Committee.
Certain applications involving the Council’s own interests will continue to follow specific rules.
For other applications that are eligible for referral, the Chief Planner and the Chair of Planning Committee will jointly decide whether committee consideration is appropriate by applying the national legal tests.
What are Schedule 1 Schedule 2 and own-interest applications?
Schedule 1 applications are decided by planning officers. They cannot go to Planning Committee. This group mainly covers smaller or more technical applications, such as householder applications, developments of fewer than 10 homes and smaller commercial developments. It also includes every type of prior approval application, including applications for telecommunications masts, and many applications seeking approval for details linked to an existing planning permission.
Schedule 2 applications will usually be decided by planning officers, but some may go to Planning Committee. This group mainly covers larger developments and some other types of application listed in the Regulations. An application will not go to committee automatically. The nominated officer and nominated councillor must both agree that it should go to committee and that at least one of the legal tests is met.
Own-interest applications are applications where the Council or certain councillors, officers or other people connected with the Council have an interest. These applications may go to Planning Committee under separate safeguards. Anyone with an interest must not take part in that decision.
The Regulations contain the full lists and legal definitions.
Will the change affect how long a decision takes?
We will continue to work to the usual statutory and agreed timescales.
For a Schedule 2 application, the referral assessment will normally take place after consultation responses have been reviewed.
This may mean that we cannot confirm the final decision route at the start of the application.
Where can I read the national rules and guidance?
The new arrangements are set out in the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026.
The Government has also published guidance explaining how the national scheme of delegation should operate.
I have submitted an application or I am acting for an applicant
When will I know whether the application will go to Planning Committee?
If it is a Schedule 1 application, it must be decided by planning officers.
If it is a Schedule 2 application, we will normally need to review consultation responses and assess its likely economic, social and environmental effects before deciding whether it should be considered for referral.
The Chief Planner and the Chair of Planning Committee will jointly decide whether an eligible application should go to committee.
We will tell the applicant or agent once the decision route has been confirmed.
Can I ask for my application to be decided by planning officers?
Requests from applicants or agents will not influence whether an application is decided by planning officers or goes to Planning Committee.
The decision route will be determined by the national rules and, where relevant, the legal tests.
Does an officer decision receive less scrutiny?
No. Whether the decision is made by an officer or Planning Committee, the application must be assessed against the same planning policies and material planning considerations.
The officer’s report will set out the assessment and reasons for the decision.
I have commented, or want to comment, on an application
Can I still comment on a planning application?
Yes. You can still comment in support of or against an application during the consultation period.
It is helpful to focus on planning matters, such as design, heritage, transport, living conditions, nature conservation or the use of land.
Will my comments still be considered?
Yes. Whether the decision is made by a planning officer or Planning Committee, we will consider all relevant planning comments received in time.
Does the number of objections determine whether an application goes to Planning Committee?
No. The number of comments for or against an application will not determine the decision route.
We will still consider the relevant planning issues raised in those comments.
Can I ask for the application to go to Planning Committee?
You may comment on the planning issues raised by the application, but requests for it to go to Planning Committee will not influence the decision route.
The application can only go to Planning Committee where the national rules allow it and the relevant legal tests are met.
Can I ask for the application to go to Planning Committee?
You may comment on the planning issues raised by the application, but requests for it to go to Planning Committee will not influence the decision route.
The application can only go to Planning Committee where the national rules allow it and the relevant legal tests are met.
I have asked my ward councillor to call in the application - will it go to Planning Committee
Ward councillors can still comment on an application, but they cannot call it in or require it to go to Planning Committee.
An application can only be referred where the national rules allow it and the relevant tests are met.
Will I be told whether the application is going to Planning Committee?
Yes. If the application is going to Planning Committee, we will write to everyone who has commented at least five working days before the meeting.
Can I appeal against the decision on whether an application goes to Planning Committee?
No. There is no right of appeal against a decision to refer, or not to refer, an application to Planning Committee under the Regulations or the Council’s Constitution.
I represent an amenity society or community group
Will amenity societies and community groups still be consulted?
Yes. We will continue to publicise and consult on planning applications as required.
Amenity societies and community groups can continue to send us their comments.
Will our comments still be considered?
Yes. We will consider any relevant planning issues raised alongside comments from other people and stakeholders.
The officer’s report will explain how the relevant material planning issues have been considered.
Can our society or group ask for the application to go to Planning Committee?
Your society or group may comment on the planning issues raised by the application, but requests for it to go to Planning Committee will not influence the decision route.
The application can only go to Planning Committee where the national rules allow it and the relevant legal tests are met.
Can an amenity society still request a Chair’s review?
No. The Chair’s review process will end.
An application can only go to Planning Committee through the process allowed by the national rules.
Will I be told whether the application is going to Planning Committee?
Yes. If the application is going to Planning Committee, we will write to everyone who has commented at least five working days before the meeting.
Can I appeal against the decision on whether an application goes to Planning Committee?
No. There is no right of appeal against a decision to refer, or not to refer, an application to Planning Committee under the Regulations or the Council’s Constitution.
How decisions will be recorded
How will the Council record and publish referral decisions?
We will keep a record of each application considered through the referral process, including the decision and reasons.
We will report this information regularly to Planning Committee and publish it on our website. We are still finalising the format and location.
Where can I find the final decision and officer’s report?
The decision notice and officer’s report will be published on the online planning application record in the usual way.
Committee reports, agendas and minutes will also be available through the Council’s committee webpages.