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The UK Government has placed nine local planning authorities into “special measures” under section 62A of the Town and Country Planning Act 1990, allowing developers to bypass them and apply directly to the Planning Inspectorate. This article explains what this means in practice for major development schemes and how developers should respond.
From 15 June 2026, developers promoting qualifying schemes in those areas may choose to apply directly to the Planning Inspectorate (acting on behalf of the Secretary of State), rather than the relevant local authority.
This represents a notable intervention in the development management system and creates both opportunities and strategic considerations for housebuilders and commercial developers operating in these locations.
Which authorities are affected?
The following authorities have been designated:
- Cherwell District Council
- Dacorum Borough Council
- Epping Forest District Council
- Hertsmere Borough Council
- Malvern Hills District Council
- Rossendale Borough Council
- South Tyneside Council
- Staffordshire Moorlands District Council
- Wychavon District Council
The designations came into force on 15 June 2026 and will remain in place until the Government considers that performance has improved.
Why have these LPAs been placed into special measures?
Designation is based on the Government’s assessment of an authority’s performance in determining major planning applications, focusing on both:
- Speed of decision-making; and
- Quality of decision-making, including the proportion of refusals overturned at appeal (with an expected threshold of below 10%)
In this case, the Government concluded that each authority was "not adequately performing" its statutory function in relation to major development.
What does designation mean in practice?
Section 62A designation (often referred to as “special measures”) does not remove the local authority from the process altogether, but it fundamentally changes the route to consent.
For qualifying major development (including schemes of 10+ homes, sites over 0.5 hectares, buildings exceeding 1,000 sqm, or sites over 1 hectare):
- Applicants may choose to submit planning applications directly to the Planning Inspectorate;
- The Planning Inspectorate will determine the application on behalf of the Secretary of State;
- The option to apply to the local planning authority remains available.
- The regime is intended to provide an alternative route where local performance is considered insufficient.
Political and local responseM
The decision has prompted strong responses from affected authorities, with some characterising the move as an erosion of local democratic control.
In particular, concerns have been raised that the designations rely on historic performance data and do not fully reflect more recent improvements. Some authorities are also considering options to challenge or seek reversal of their designation.
Key implications for developers
A practical route to bypass delay or risk
For developers facing slow or uncertain decision-making, the ability to apply directly to the Planning Inspectorate may provide a more predictable route, particularly where local refusal risk is high.
Strategic choice remains critical
Designation introduces optionality, not obligation. Applicants must carefully weigh whether a Planning Inspectorate route is advantageous on a scheme-specific basis, including:
- Local political sensitivity and community engagement;
- Alignment with local plan policy;
- Appetite for appeal risk versus central determination.
No “reset” of planning considerations
Applications submitted via section 62A are still determined against the development plan and material considerations, with input from the local authority. This is not a policy bypass, but a procedural alternative.
Timing and resources at the Planning Inspectorate
While the regime is designed to ensure effective handling of major schemes, developers should factor in the Planning Inspectorate’s existing workload and programme when considering this route.
Potential uplift in use of PINS for major schemes
The designations may result in an increase in section 62A applications, particularly in areas with constrained land supply (including Green Belt), where determination through the local authority has historically been more contentious.
What developers should do now
Consider whether to bypass the local planning authority
For qualifying schemes, the section 62A route may be attractive where local decision-making has been slow or outcomes uncertain.
Assess route choice at an early stage
The decision to apply via the Planning Inspectorate or the local authority should be built into early project strategy, including programme and stakeholder planning.
Maintain strong engagement with the local authority
Local authorities will continue to inform the decision-making process. Alignment with local policy and early engagement remain critical.
Plan for process and resourcing implications
The Planning Inspectorate route brings different procedural considerations, which should be factored into delivery programmes.
Keep designation status under review
Designations are not permanent and may be lifted if performance improves, particularly relevant for phased or long-term developments.
Our view
This is a clear signal of the Government’s willingness to intervene directly where it considers local planning performance is inhibiting delivery.
For developers, the introduction (or reintroduction) of a credible alternative decision-making route should be seen as a potentially valuable tool, but one that requires careful scheme-by-scheme assessment.
Read the original article on GowlingWLG.com
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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