The week that was: A round-up of planning news

1. National Scheme of Delegation Regulations survive debates in parliament

At the risk of spoiling the debates for anyone minded to read them, the Regulations were approved by both houses, paving the way for them to be made imminently.

There is a lot to unpick in the debates themselves, but I am short on time, so I will just leave you with following statement from Matthew Pennycook MP, which I think could prove to be rather important:

“Several hon. Members mentioned councillors’ ability to call in applications, which we are removing. The regulations do not require local authorities to put every schedule 2 application through the gateway test. It will be for individual local planning authorities to put in place their own arrangements for how the consideration of cases for referral to committee will operate in practice. In other words, it will be open to individual LPAs to triage their schedule 2 applications in ways that are appropriate for them so that only certain schedule 2 applications are considered by the nominated officer and member. Under those arrangements, it would be open to a local planning authority to include a mechanism for councillors to ask for applications that fall under schedule 2 to be considered under the gateway test, and if they meet that test they can be looked at by committee.”

2. MHCLG proposes draft amendments to the Building Safety Levy Regulations

According to the draft explanatory memorandum, the regulations, once made, will make the following changes to the Building Safety Levy before it comes into effect in October:

amending the definition of previously developed sites (regulation 21 of the Levy Regulations) to clarify when land is treated as previously developed, including the treatment of fixed-surface-type infrastructure, unlawful operations and underground buildings or parts of buildings;

making several correcting amendments relating to the determination period for levy liability (regulation 38 of the Levy Regulations);

amending the levy information spot check provisions (regulations 46 and 49 of the Levy Regulations) to set an earlier deadline by when a collecting authority must notify the client if information relating to their building control application is selected for a levy information spot check and to make clear the period during which the collecting authority must carry out the spot check;

amending the levy update notice provisions (regulations 52 and 53 of the Levy Regulations) to align the content requirements of a levy update notice with those of a building control application. Also to make some correcting amendments and to make clear that a levy update notice can concern an application in respect of which a notice of no charge has been issued;

amending provisions for requests for revised levy determinations, refunds, reviews and appeals (regulations 54, 67, 72 and 73 of the Levy Regulations) to make clear what constitutes a revised levy determination notice for the purposes of regulation 54 and to provide for the cancellation of a levy liability notice or levy payment certificate (as the case may be) in circumstances specified in those regulations;

making minor correcting amendment to the name of the local authority area of St Helens in the table in Schedule 3 to the Levy Regulations.

amending the 2010 Regulations, the HRB Regulations and the RBCA Regulations to make correcting amendments relating to the levy, including making clear that references to “dwelling” for levy purposes do not include PBSA and to make clear that levy information is required in relation to building control approval applications for a stage of HRB work. This instrument also substitutes a new version of Form 2 in Schedule 1 of the RBCA Regulations to incorporate minor corrections.

3. MHCLG Publishes emergency legislation so we can all go to the pub to watch the football

According to the Explanatory Note, the Order “amends the Licensing Act 2003 (FIFA World Cup Licensing Hours) Order 2026 (“the 2026 Order”) to make further provision in connection with the 2026 FIFA World Cup. It extends licensing hours for licensed premises and qualifying clubs for a period of seven hours beginning at 10 p.m. on 5th July 2026, for the round of 16 match scheduled to take place at 1 a.m. on 6th July 2026. The Order also changes the specified time applicable to the final match of the tournament scheduled to take place at 8 p.m. on 19th July 2026 should England be involved in that match, so that the licensing hours extension begins at 10 p.m. rather than 11 p.m. The remainder of the 2026 Order is unchanged.”

Or, in layman’s terms, ensures that Pubs can stay open *really* late to show the England match on Sunday might/ Monday morning.

At the risk of starting a light drizzle on MHCLG’s parade here – as a planning lawyer, I do feel duty bound to point out that this change in the licensing provisions will not override any opening hours conditions that may be imposed on the relevant premises planning consent.

Given that enforcement action by LPAs is largely discretionary, we may have to hope that England plays well – so that Councils and their enforcement officers alike are in a good mood come 9am on Monday morning…

*a combination of client meetings, networking events and having the Vacation Scheme students with us – if any of you are reading: Hi! I hope you had a great time! Please do consider asking for a planning seat on your training contract – planning is cool. I promise.

** see above – also I need more coffee.