In that statement, the secretary of state signalled an intention to play a more active role in planning decisions – particularly those involving major housing development.

To give effect to this commitment, a new Statutory Instrument (the Order) was laid before Parliament last Thursday and is set to come into force on 26 March 2026. The Order amends the Town and Country Planning (Development Management Procedure) (England) Order 2015, specifically Article 18(5), to widen the scope of applications that require consultation with the secretary of state.

Under the existing regime, local planning authorities (LPAs) are required to consult the secretary of state before granting permission for certain categories of development. In practice, LPAs generally wait at least 21 days following such consultation – allowing time for responses from the secretary of state or other consultees. However, this requirement has not previously applied to proposed refusals.

Proposed LPA refusals will be subject to consultation

The Order changes this. It will require LPAs to notify the secretary of state where they intend to refuse or approve planning applications, ensuring that consultation applies before determining an application, with thresholds and/or types of development to be subject to this yet to be confirmed.

The government has described this as a minor, technical amendment, and no public consultation was undertaken prior to its introduction.

A transitional provision applies. The new procedure will cover applications submitted before 26 March 2026 but not yet determined by that date. The only exception is for applications already subject to safeguarding or consultation directions under Article 18(4); these will continue under existing arrangements.

Majority of cases will be affected leading to a potential rise in call-ins

In practice, very few live applications are likely to fall within this exception, meaning the Order will apply to the vast majority of cases already in the system.

The change is anticipated to prompt updates to relevant sections of the Planning Practice Guidance by the commencement date. While the Order itself does not introduce new development thresholds – nor modify existing ones – it enables government to require advance notification of major refusals.

This may lead to:

• an increased review of applications by the secretary of state
• a potential rise in call-ins
• a shift towards greater central oversight of large-scale housing decisions

For developers and LPAs alike, this marks a notable shift in the planning landscape, signalling a more interventionist approach from central government in major residential planning matters.

Further information

Contact David Bainbridge