Councillor referral to the Gateway meeting

Schedule 1 of the Regulations sets out all the functions which must be delegated to officers in all cases.

• householder development (as defined in the Town and Country Planning (Development Management Procedure) (England) Order 2015).
• minor commercial development (as defined in the Town and Country Planning (Development Management Procedure) (England) Order 2015).
• minor residential development (consisting of up to 9 new dwellings (flats or houses)  on a site smaller than 0.5 hectares and other minor development in relation to flats).
• where it is not related to a phase of development in an outline planning permission, reserved matters approvals (applications under Article 6 of the Town and Country Planning (Development Management Procedure) (England) Order 2015).
• discharge of conditions (applications under Article 27(1) of Town and Country Planning (Development Management Procedure) (England) Order 2015).
• prior approval for permitted development rights (applications under Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015).
• permission in principle (as referred to in section 58A of the Town and Country Planning Act 1990).
• where a local planning authority considers a planning obligation is connected to a Schedule 1 application, requests to agree to modify or discharge a planning obligation (under section 106A(1)(a) of the Town and Country Planning Act 1990).
• where local planning authority considers a planning obligation is connected to a Schedule 1 application, modification or discharge of a planning obligation (applications under section 106A(3) of the Town and Country Planning Act 1990).
• non-material changes to planning permission or permission in principle (applications under section 96A(4) of the Town and Country Planning Act 1990).
• certificates of lawfulness of existing use or development (under section 191(1) of the Town and Country Planning Act 1990).
• certificates of lawfulness of proposed used or development (under section 192(2) of the Town and Country Planning Act 1990).
• biodiversity gain plan (duty to approve under paragraph 14 of Schedule 7A to the Town and Country Planning Act 1990).
• certificates of appropriate alternative development (applications under section 17 of the Land Compensation Act 1961).

However, an application will fall within Schedule 2 where:

• a local authority considers that a Schedule 1 application for planning permission is connected to a Schedule 2 application for listed building consent or for the variation or discharge of a condition on a listed building consent.
• an application would otherwise fall under Schedule 1 but is made under section 73A of the Town and Country Planning Act 1990.
• an application would otherwise fall under Schedule 1 but is made by or on behalf of a local authority, a member or officer of that local authority or an entity owned or controlled (whether wholly or partly) by that authority or any of its members or officers.