Tameside and Bolton face unlawful planning status after rejecting reforms

Local government structures across Greater Manchester face impending legal uncertainty as two prominent councils reject national planning reforms, putting them on course to operate unlawfully according to reporting by the Manchester Evening News. The impending deadline threatens to strip local elected representatives of their decision-making powers, shifting complete authority to unelected planning officers by default.

Councillors in both Tameside and Bolton voted not to accept new measures to implement legally binding changes, which means as things stand, from November 1 their planning committees will not be legally compliant and councillors will have no say on planning matters, according to reporting by the Manchester Evening News. At recent full council meetings, councillors in Tameside and Bolton were told that the statutory introduction of the national scheme of delegation of planning functions will come into law on October 31, altering arrangements for determining planning applications across England.

Media additions

Under the rules, smaller and technical proposals fall under Schedule 1 for officers to determine directly, while larger developments fall under Schedule 2 and require explicit agreement from committee chairs and chief planning officers to reach a committee stage. Examples provided in the reporting include an attic conversion on a semi-detached house falling under Schedule 1 and a skyscraper with 1,250 homes falling under Schedule 2. The legislation also caps planning committee sizes to a maximum of 13 and mandates formal training for all participating members.

Elected representatives across multiple political factions expressed deep frustration regarding the directives. Reform UK’s Tameside leader, Allan Hopwood, characterised the reforms as egregious during a meeting at Dukinfield Town Hall on October 6, claiming the chamber was being asked to vote with a gun to the head according to the Manchester Evening News. Conservative, Reform, and independent councillors argued that the changes strip local residents of their democratic voice in community planning.

Similar objections were raised in Bolton, where councillors voted against adopting the statutory rules according to the Manchester Evening News. Introducing the motion, Labour’s Nadeem Ayub acknowledged that members had strong feelings on the issues and conceded that the changes would erode local democracy. Previously, councillors in the borough could call-in decisions or have schemes considered by committee based on a set number of objections. Under the new legislation, developments of less than nine homes and small commercial schemes will in future be decided by officers. Conservative councillor David Grant voiced strong opposition to the measures, stating:

"This strips local people of their rights and voice over deciding what happens within their communities. Local people should shape their town and villages, not somebody from Westminster. I did not get elected to remove those rights. We must send a message to government that this is wrong."

David Grant, Bolton Councillor, via Manchester Evening News

Labour and Liberal Democrat councillors were outvoted on the motion, with the Conservative, Reform UK, and Green groups voting against.

Despite shared misgivings over the erosion of local democracy, administration figures warned of severe financial and legal penalties for non-compliance. Tameside’s deputy council leader, Andrew McLaren, cautioned the chamber on October 6 that any planning decisions after October 31 would be open to legal challenges, costing the council thousands, thousands and thousands of pounds according to the Manchester Evening News. While the Labour group supported adoption to remain within the law, they were defeated by a narrow margin.

Council	Vote Outcome	Primary Concerns Raised	Status / Next Steps
Tameside	Rejected by councillors	Loss of resident voice; described as egregious	Considering implications; extraordinary meeting anticipated
Bolton	Rejected by councillors	Undermining local democracy and central control	Working with members to resolve disruption to planning

The Ministry of Housing, Communities and Local Government maintains that local planning authorities must determine all applications according to the new framework once the legislation comes into force, as reported by the Manchester Evening News. Legal experts warn that uncompliant committees risk having their decisions subjected to judicial review and subsequently quashed.

Other local authorities across Greater Manchester, including Manchester, Salford, Bury, Rochdale, Oldham, Trafford, and Stockport, have already agreed to amend their planning procedures to meet compliance requirements according to the Manchester Evening News. Meanwhile, Wigan Council is scheduled to vote on the matter at its upcoming full council meeting in November, which will be before any planning committee meeting takes place after the legislation takes effect.