English councils resist planning powers shift before October rule change

English councils resist planning powers shift before October rule change
Councils resist planning overhaul

Tensions over the UK government's effort to accelerate housebuilding are intensifying as several local authorities refuse to adopt new planning procedures before they take effect on October 31. The standoff raises legal and operational risks for councils because future decisions on projects could be challenged if they are made outside the incoming national framework.

Highlights

  • Tameside, Bolton, and Central Bedfordshire councils voted against updating constitutions to comply with the new national scheme of delegation ahead of the October 31 deadline.
  • Non-compliance exposes councils to potential legal challenges and financial or reputational risks, as decisions outside the Planning and Infrastructure Act 2025 regulations could be overturned.
  • Resistance from local governments comes amid government targets to build 1.5 million homes and raises political tensions between centralisation for faster approvals and local democratic oversight.

Councils challenge new planning rules

Tameside, Bolton and Central Bedfordshire have declined to update their constitutions to reflect the new national scheme of delegation, the Financial Times reports, despite the rule being due to come into force at the end of October.

The reform, part of the Planning and Infrastructure Act 2025, is designed to pass more planning applications to local officials rather than elected councillors, with only the most significant proposals remaining for committee determination. Ministers argue the change will speed up approvals for new homes, but opponents at council level say it weakens democratic oversight.

Tameside's decision carries added political sensitivity because Housing Secretary Angela Rayner's Ashton-under-Lyne constituency falls within the authority. At a council meeting on October 6, Allan Hopwood, leader of Tameside's opposition Reform UK group, criticised what he called an overreach of central government power and said residents deserved to see planning decisions taken in public.

Although Tameside's Labour leadership backed compliance, it was defeated after losing its majority following local elections in May. In Bolton, Labour also failed to carry the vote on October 7, with councillors across parties arguing that the government was wrong to blame planning committees for slow development.

Legal and housing delivery implications

MHCLG says councils need to comply with the new rules from October 31 and adds that, where committees do not comply, decisions can still be taken by planning officers in line with the national scheme.

The department says decisions made outside the new regulations could be overturned, creating potential financial and reputational risks for local authorities. At Tameside's October 6 meeting, senior solicitor and monitoring officer Janet Witkowski warns that such outcomes could have a direct cost for the council as well as damage its standing.

The dispute also lands in the middle of Labour's broader growth and housing agenda. When the Planning and Infrastructure Act received royal assent last year, the government said it was central to its plan to build 1.5 million homes, although Rayner said last month there is only a slim chance of meeting that target, partly because of a shortage of construction workers.

Industry groups have backed the planning changes, but resistance from councils suggests the policy may continue to face political friction even after it formally takes effect. The row also exposes tension between the government's drive for faster delivery and its devolution agenda, which supporters say should give mayors and local authorities more control rather than less.

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