The Audit and Governance Committee of Newham Council was scheduled to consider proposed changes to the Council's Constitution stemming from new national planning regulations. The committee was also scheduled to review the council's forward plan for the upcoming year.

Constitution Review: Planning Reforms

The committee was scheduled to consider amendments to the Council's Constitution that were necessitated by the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026, which were due to come into force on 31 October 2026. These regulations introduce a National Scheme of Delegation for planning decisions, requiring local authorities to review their constitutional arrangements.

The report presented was scheduled to seek approval for several key changes:

• Dissolution of the Local Development Committee: The committee was scheduled to consider approving the dissolution of the Local Development Committee (LDC) and the designation of the Strategic Development Committee (SDC) as the council's sole planning committee. Analysis of past LDC cases indicated that under the new regulations, only a small fraction would still require committee determination, making the continued operation of two planning committees disproportionate.
• Increased SDC Membership: Approval was scheduled to be sought for an increase in the membership of the Strategic Development Committee from 9 to 13 members.
• Protocol and Procedure Rule Approvals: The committee was scheduled to approve the Protocol for the Strategic Development Committee on Planning Matters and the SDC Procedure Rules.
• Gateway Referral Protocol: Approval was scheduled to be sought for the Gateway Referral Protocol, which establishes the mechanism for assessing Schedule 2 planning applications to determine if they warrant committee consideration. This protocol is intended to ensure that committee time is reserved for applications raising matters of genuine significance.
• Consequential Amendments: The committee was scheduled to recommend that Full Council delegate authority to the Monitoring Officer, in consultation with the Director of Placemaking, to make all necessary consequential amendments to the Constitution and associated protocols.

The report highlighted that the reforms aim to improve the efficiency and consistency of planning decision-making by ensuring routine applications are handled by officers under delegated powers, while maintaining democratic oversight for significant applications that meet the Gateway Protocol criteria. The proposed changes were developed to comply with the statutory regulations, government guidance, and emerging practices across local planning authorities.

The report also detailed the transparency measures planned, including the publication of the Gateway Referral Protocol and a summary flowchart, as well as notification arrangements for ward councillors. It addressed potential conflicts of interest and outlined how resident participation and public engagement in the planning process would continue. The legal implications of failing to amend the Constitution were also noted, including the risk of non-compliance and potential judicial review.

The committee was also scheduled to review the Year Ahead Forward Plan, a draft document for noting.

The Audit and Governance Committee's terms of reference were also presented, outlining its purpose to provide independent assurance on the adequacy of the risk management framework, internal control environment, and financial reporting, as well as overseeing internal and external audit functions.