Epping Forest District Council has lost its authority to decide major planning applications after exceeding the government’s threshold for decisions overturned on appeal. The Ministry of Housing, Communities and Local Government intervened because the council’s refusal rate triggered a breach of planning rules designed to ensure sound decision-making.
Why did the council lose its planning authority?
The intervention follows a breach of government rules intended to discourage councils from rejecting development schemes without sound planning grounds. According to the government, councils are expected to keep the proportion of successful appeals below 10% of all appeals submitted.
According to the council, between October 2024 and September 2025, it received 12 major planning applications out of a total of 2,673. The council refused two of those applications, and the permitted developments were for 595 new homes.
What types of developments are affected by this decision?
The council has been designated under Section 62A of the Town and Country Planning Act 1990. This means developers may now bypass the council and submit major planning applications directly to the Planning Inspectorate.
The decision affects specific categories of development. According to the designation, developers no longer need to apply to Epping Forest District Council for:
- Housing schemes larger than 10 homes.
- Sites larger than 0.5 hectares.
- Buildings exceeding 1,000 square meters.
- All other developments on land over 1 hectare.
While developers still have the option to apply to the council, they may instead choose to apply to a government-appointed Planning Inspector who will make decisions on the council’s behalf.
“The move by MHCLG Secretary of State Steve Reid is an attack on local democracy,” said Councillor Chris Whitbread, Leader of Epping Forest District Council. He stated that the council had made progress in improving its planning procedures at the time the decision was made.
How can the council regain its planning powers?
The council has retained the power to determine small-scale planning applications, including householder improvements. The designation is not necessarily permanent.
A council’s designation under Section 62A is reviewed annually. The Secretary of State may revoke the designation if they accept that the council’s planning processes have been improved.
Frequently Asked Questions
What is the threshold for losing planning powers?
Councils are expected to keep the proportion of successful appeals below 10% of the total appeals submitted.
Does the council still handle small projects?
Yes, the council has retained the power to determine small-scale planning applications, such as householder improvements.
Which other councils have faced this designation?
According to the government website, Lewes District Council is currently in this situation. Previous councils affected include Bristol City Council, St Albans City and District Council, and Uttlesford District Council.
How much influence should local councils have over major development projects?
