Councils have to get on with making decisions or face consequences

A recent report found that 12 councils are underperforming under the Government’s “special measures” programme for the quality of their planning decision-making in 24 months to June 2024, new housing ministry figures show, including the one local authority that is currently designated under these criteria. There also are another eight Councils that are a very close to reaching that point.

But what are these “special measures”. This is when a Council lose the power to make their own planning decisions. The officers, and the Councillors on the Planning Committee lose the “power” to determine planning applications. Planning decisions are  taken out of their hands and handled by the Planning Inspectorate if they fall below specified thresholds for the speed and quality of their decision-making.

This is a very grave situation for a Council to end up in. This translates to a Council failing in some of their most important legal and democratic duties. Councils are assessed on the quality of their planning application decision-making over a two year period, the Government’s criteria for special measures document states. Councillors may argue that they are representing their residents by refusing planning applications but they are failing in their legal obligation to determine planning applications in a positive way and ensure a housing land supply.

When Councils fail to determine planning applications as required by the law, decisions can be appealed. If those appeals are lost they are counted by the Government and any Council that has 10% or more of either its major or non-major development applications overturned at appeal over the assessment period for two years, may be put in special measures delegation.

To be absolutely clear, that means that the Planning Inspectorate takes over the planning function of the Council officers and Planning Committee.

The figures for the two years to June 2024 were published on 19 June by the Ministry of Housing, Communities and Local Government (MHCLG). They show that 12 Councils are currently exceeding the 10% threshold for the proportion of planning applications overturned at appeal.

The councils published by MHCLG are as follows:

1.  Lewes

2.  Dartmoor National Park

3.  Three Rivers

4.  Staffordshire Moorlands

5.  Basildon

6.  Epping Forest

7.  Folkestone & Hythe

8.  Hertsmere

9.  Watford

10.  East Hampshire

11.  Hinkley & Bosworth

12.  Wyre Forest

It is also worth noting that there is an ongoing problem in Three Rivers where the council has a local policy that requires five-month Mortgage in Possession clause under their S106 for affordable housing rather than the standard three-month Mortgage in Possession requirement. This is delaying not only the delivery of affordable housing but also housing delivery in general as the S106 can’t be discharged and therefore development can’t commence.

We also know that the new administrations in Hertsmere and Basildon are actively taking steps to get off this list.

The Councils that are on the cusp of making the “red” list are:

13.  Warwick

14.  Tamworth

15.  Wiltshire

16.  Broxtowe

17.  Cherwell

18.  Malvern Hills

19.  Craven

20.  South Tyneside

It is worth noting that there have been some changes over the past few months on some of these Council. For example, Wiltshire changed Administration and is now under political control of the LibDems. They have an opportunity to turn this around and get off this list.

Broxtowe had a “moratorium” on grey belt applications where the Council wouldn’t accept any grey belt applications while they waited for further clarification on these applications. This was resolved a few months ago when a grey belt appeal was determined in Broxtowe.

But does this happen or is it just a “scary story”, an urban legend that Civil Servants and Ministers use to frighted Councils and Councillors into action? The answer is a resounding NO.

Uttlesford District Council in Essex became the first Council to be placed in planning ‘special measures’ for the quality of its major district decision-making in February 2022. The Council, which was handed back their planning powers in early June, saw 6.5 per cent of its 91 major district-level decisions overturned in the two years to June 2024. Therefore they now have the power to determine their own applications again and are far down the list.

Chorley Council in Lancashire, was placed in special measures in December 2023 due to the number of major district-level decisions lost at appeal. They were also de-designated this month. The latest government figures show that Chorley had 5.3 per cent of its 36 major district matters decisions later overturned in the two years to June 2024. Also, far down the list.

We have discussed this on a number of occasions in our ‘Planning in Focus’ weekly articles and we have pointed out before that the Government is completely committed to their flag-ship policy of 1.5 million homes. Their stance is hardening towards this especially in light of the perceived u-turns on the winter fuel allowance and benefit reforms. This is a policy that the majority of people predict is undeliverable, and we suspect that the Government will redouble their efforts to prove critics and sceptics wrong.  

The government has proposed tightening the criteria under which local authorities are at risk of ‘special measures’ for the decision-making quality. A consultation published at the end of last May 2025 suggested that the designation threshold be halved from ten per cent of decisions that are later overturned at appeal to just five per cent.

If this is implemented, that list will grow SIGNIFICANTLY, with a very large number of Councils potentially losing the power to determine their own planning applications.

Therefore, advice to Councillors and Council planning officers is very simple: Make sure you get yourself below the 5% threshold and stay below the 5% threshold.

If you have an application coming forward, do get in touch with us. We are experts at helping you navigate a route through and away from the appeal system.

Morgan Rise

020 4537 7200 or morgan@theccp.net

Morgan is a senior LibDem Councillor in Surrey Heath.