The General Purposes Committee of Gloucester Council met on Tuesday 15 September 2026 to discuss changes to the council's constitution. The committee recommended amendments to the national scheme of delegation for planning applications to ensure legal compliance and approved changes to the Overview and Scrutiny Procedure Rules to remove the requirement for members to declare party whipping.

National Scheme of Delegation for Planning Applications

The committee considered proposed amendments to the council's Constitution, including the Planning and Development Code of Practice and Scheme of Delegation, to align with the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026. These regulations, which come into force on 31 October 2026, introduce a national framework for determining planning applications, categorising them into Schedule 1 (mandatory officer delegation) and Schedule 2 (presumed officer delegation, with provisions for referral to Planning Committee).

Councillor Stephanie Chambers, Leader of the Conservative Group, questioned who would determine whether an application was Schedule 1 or Schedule 2. Claire Haslam, Planning Development Management and Heritage Manager, explained that the legislation itself provides the definitions, and the planning team is equipped to identify these categories.

Councillor Alastair Chambers, Leader of the Community Independent Group, raised concerns about the potential loss of community connection if applications were no longer called in by members. He also inquired about the impact on conservation areas. Ms. Haslam reassured the committee that while the call-in procedure for Schedule 1 applications would be removed, members could still comment on applications and raise issues with case officers. She clarified that conservation areas would continue to be assessed under existing policies, and significant applications impacting them could still be referred to the Planning Committee if they met the criteria.

The committee was informed that approximately 95% of planning applications in Gloucester are currently determined by officers, with the remaining 5% going to the Planning Committee. The new national scheme will mean that Schedule 1 applications must be delegated to officers, and Schedule 2 applications will only be referred to the Planning Committee if both the nominated officer and nominated member agree they meet specific National Gateway Tests related to local significance or significant planning matters. The report also outlined provisions for own-interest applications, where the council, a councillor, or an officer has an interest, which can be defined by the council and may bypass the National Gateway Tests for referral to committee.

The committee recommended the proposed constitutional amendments for adoption by the full council.

Constitutional Changes: Overview and Scrutiny Procedure Rules

The committee also considered proposed changes to the Overview and Scrutiny Procedure Rules within the Council's Constitution, specifically the removal of Rule 17, which requires members of the Overview and Scrutiny Committee to declare if they are subject to a party whip.

Councillor Stephanie Chambers, Leader of the Conservative Group and Vice-Chair of the Overview and Scrutiny Committee, endorsed the recommendation, stating that the committee operates independently and that the requirement for declaration was not necessary. Councillor Alastair Chambers, Leader of the Community Independent Group, agreed, suggesting that the need for such a declaration might imply a lack of trust. Councillor Declan Wilson, Deputy Leader of the Council and Cabinet Member for Resources, noted that similar requirements do not exist in other scrutiny committees he is aware of.

The report explained that the declaration requirement is not mandated by legislation and that the effectiveness of Overview and Scrutiny is secured through constitutional powers, cross-party membership, and public reporting, rather than formal declarations of whipping arrangements. The removal of this rule would align the Overview and Scrutiny Procedure Rules with the broader legislative framework in England and avoid creating a distinction between this committee and others where political groups may organise collective positions without formal disclosure.

The committee unanimously recommended the removal of Overview and Scrutiny Procedure Rule 17 to the full council.