CODFORD PARISH COUNCIL

SPECIAL PLANNING ADVISORY: OCTOBER 31ST 2026 PLANNING REFORMS & SCHEDULE 2 CLASSIFICATION

Subject: Impact Analysis of The Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 and Schedule 2 EIA Classification
Target Application: Outline Residential Development (Up to 60 Dwellings), Land at Chitterne Road / East Farm, Codford
Author: Strategic Planning Working Group for Codford Parish Council
Date: October 2026
Status: Official Councillor Advisory & Tactical Briefing

Executive Summary

On 31 October 2026, statutory reforms under the Planning and Infrastructure Act 2025 and The Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 will fundamentally change how planning decisions are made across England.

The most critical operational changes for Codford Parish Council are:
1. The Abolition of Automatic Committee "Call-Ins": Under the new National Scheme of Delegation, planning officer delegation becomes the legal default. A request from our Unitary Councillor or a formal objection from the Parish Council will no longer automatically refer this 60-home application to Wiltshire Council's Southern Area Planning Committee.
2. The "Gateway Test": To secure a public hearing before elected Councillors, the proposal must satisfy a statutory "Gateway Test" demonstrating that it raises matters of exceptional economic, social, or environmental significance.
3. Dual "Schedule 2" Classification: The application represents a Schedule 2 Major Application under the Scheme of Delegation and a Schedule 2 Development under the EIA Regulations 2017 (due to proximity to the River Wylye SAC, Salisbury Plain SPA, and Cranborne Chase National Landscape).
4. Mandatory Tactical Shift for the Parish Council: We must immediately adapt our strategy: representations must be technically rigorous, our Section 106 Heads of Terms (£400,000 Village Hall Renewal, £260,000 footway, 250 PE reed bed) must be embedded during pre-determination officer negotiations, and a formal Gateway Test Dossier must be submitted to the Chief Planning Officer.

1. Dual Schedule 2 Classification: Governance vs Environmental

Councillors must understand that "Schedule 2" refers to two separate legal frameworks operating simultaneously:

flowchart TD
 subgraph Governance["1. Governance & Determination Scheme"]
 A["National Scheme of Delegation (31 Oct 2026)"] --> B["Schedule 2 Major Application (10-100 Homes)"]
 B --> C["Default: Case Officer Determination"]
 C --> D{"Statutory Gateway Test"}
 D -->|Passes Test| E["Public Planning Committee Hearing"]
 D -->|Fails Test| F["Delegated Officer Decision"]
 end

 subgraph Environment["2. Environmental Protection Scheme"]
 G["EIA Regulations 2017 (Statutory Sensitive Area)"] --> H["Schedule 2 EIA Development"]
 H --> I["LPA EIA Screening Opinion"]
 I --> J["Mandatory HRA & Nutrient Neutrality (River Wylye SAC)"]
 J --> K["Binding Technical Mitigation (250 PE Reed Bed / SuDS)"]
 end

2. The National Scheme of Delegation (Effective 31 October 2026)

The Old System vs The New System

• Legacy System (Pre-31 October 2026): If Codford Parish Council objected on material planning grounds and our local Wiltshire Councillor submitted a call-in request, the application was guaranteed to be debated in public before the Southern Area Planning Committee.
• New National System (Post-31 October 2026): The government has established officer delegation as the universal default to speed up planning delivery. Planning Committees are capped in size (maximum 13 members) and reserved only for nationally significant or exceptionally contentious schemes that meet the statutory Gateway Test.

The Statutory "Gateway Test" Criteria

Under Regulation 4 of the 2026 Regulations, a Schedule 2 application may only be referred to Planning Committee if the Chief Planning Officer and the Committee Chair agree that the application satisfies at least one Gateway criterion:

1. Strategic Policy Conflict: The development represents a substantial departure from the adopted Development Plan (e.g., speculative development in open countryside during a 2.03-year housing supply deficit).
2. Significant Cumulative Community Impact: The proposal generates disproportionate infrastructure strain on a rural community (e.g., lack of safe pedestrian connectivity along Chitterne Road to High Street).
3. Protected Environmental & Heritage Assets: Significant potential impacts on European Protected Sites (River Wylye SAC / Salisbury Plain SPA) or Grade II listed heritage assets at East Farm.

3. EIA Schedule 2 Environmental Screening & Habitats Regulations

Because the Chitterne Road site is adjacent to sensitive chalk stream hydrology and within the setting of the Cranborne Chase National Landscape, it is legally classed as a Schedule 2 Development under EIA Regulations:

[Schedule 2 EIA Trigger Checklist]
 ├── Site Area / Scale: 2.8 Hectares / ~60 Dwellings (Exceeds 150 Dwellings or 5 Ha general threshold, but...)
 ├── Proximity to Sensitive Areas: River Wylye SAC (<1km Hydrological Connection)
 ├── Habitats Regulations (HRA): Mandatory Appropriate Assessment for Nutrient Neutrality (Phosphorus/Nitrogen)
 ├── Landscape Setting: Adjacent to Cranborne Chase National Landscape (Dark Skies Reserve)
 └── Acoustic Corridor: Direct interface with A36 National Highways Trunk Road

Planning Consequences:

• Wiltshire Council must issue a formal EIA Screening Opinion.
• Even if a full Environmental Impact Assessment (EIA) is not demanded, the application requires a Habitats Regulations Assessment (HRA) and proven Nutrient Neutrality.
• This provides the Parish Council with statutory leverage to mandate the 250 PE constructed reed bed wetland, comprehensive SuDS attenuation, and the 250m acoustic earth bund.

4. Strategic Implications & Tactical Plan for Codford Parish Council

To navigate these new regulations successfully, the Parish Council must adopt a 4-point tactical roadmap:

flowchart LR
 A["1. Lock in Officer S106 Negotiations"] --> B["2. Submit Formal Gateway Test Dossier"]
 B --> C["3. Co-ordinate with Unitary Member"]
 C --> D["4. Mobilise Evidence-Based Survey Submissions"]

Tactic 1: Early Officer-Level S106 Pre-Determination

Because the planning case officer may have the legal authority to determine this application without going to committee, we cannot wait for a committee meeting to demand our mitigations.
* The Parish Council must engage directly with the Wiltshire Council Planning Case Officer and Section 106 Officer during the consultation period.
* We must present our Section 106 Mandate (£400k Village Hall Renewal, £260k Footway, 30% Affordable Housing [18 Homes] with Local Connection Cascade) as the prerequisite conditions for economic, social, and environmental sustainability.

Tactic 2: Submit a Robust "Gateway Test Dossier"

To prevent this application being determined behind closed doors, the Parish Clerk will submit a dedicated Gateway Test Referral Dossier to the Chief Planning Officer and Southern Area Planning Committee Chair, documenting:
* The 2.03-Year Housing Supply Deficit: Why the tilted balance necessitates transparent democratic scrutiny.
* The 75.6% Community Survey Mandate: 41 verified local submissions evidencing acute pedestrian safety concerns on Chitterne Road and pressure on village infrastructure.
* SAC Hydrological Sensitivity: The necessity of public examination of foul drainage and nutrient neutrality.

Tactic 3: Joint Action with our Wiltshire Councillor

Work closely with our Unitary Member to ensure that the call-in submission is drafted precisely against the statutory criteria of the 2026 Regulations.

Tactic 4: Maintain an Evidence-Based Public Posture

Remind residents at our public community meeting that submissions to Wiltshire Council must focus strictly on material planning considerations (highways safety, pedestrian connectivity, drainage, infrastructure capacity, and heritage) rather than generalised opposition.

5. Summary Checklist for Councillors

• [x] Understand the 31 October 2026 Deadline: Automatic call-ins end; officer delegation is the default for Schedule 2 schemes.
• [x] Deploy the Gateway Test: Frame all council representations around the statutory criteria to secure a Planning Committee hearing.
• [x] Pre-Empt Viability Arguments: Use our £21.59M GDV / £3.40M profit model to prove the £400k Village Hall and £260k Footway packages are fully deliverable.
• [x] Enforce EIA & SAC Protections: Insist on the 250 PE constructed reed bed and SuDS conditions under Habitats Regulations.