Statutory Consultee Reforms Confirmed

The Government has confirmed a package of reforms to the statutory consultee system aimed at streamlining the planning process, reducing unnecessary delays and ensuring that specialist consultees focus their expertise on the most significant development proposals.

 

The announcement follows a consultation launched in late 2025 which sought views on a series of measures designed to address concerns that the current system was contributing to delays in decision making. More than 1,600 responses were received from local authorities, industry bodies, developers and other stakeholders before the Government published its response on 17 August 2026.

 

A Change in Direction for Sport England

One of the most closely watched elements of the review was the Government's proposal to remove Sport England's status as a statutory consultee.

 

The proposal generated significant debate across the planning and sporting sectors, with concerns raised regarding the potential impact on the protection of playing fields, sports facilities and opportunities for physical activity within new developments.

 

Following consultation, the Government has decided to retain Sport England's statutory consultee status. However, the range of planning applications requiring referral to Sport England will be narrowed considerably, allowing the organisation to focus on those proposals considered to have the greatest impact on sporting provision and playing fields.

 

Sport England will no longer be notified on lower-risk categories, including “behind the wire” defence and prison sites, sites with playing pitches below 0.4 hectares, development adjacent to playing fields, ancillary facilities such as pavilions, parking, lighting and storage, and temporary classrooms and other routine school development.

 

The Government expects the number of applications referred to Sport England to reduce by approximately half or more under the revised arrangements.

 

Theatres Trust and Gardens Trust to Lose Statutory Consultee Status

While Sport England has retained its position, the Government has confirmed that both the Gardens Trust and Theatres Trust will cease to be statutory consultees.

 

To ensure these organisations continue to play a role in the planning process, a new notification requirement will be introduced, enabling them to remain informed of relevant proposals and provide comments where appropriate.

 

Wider Reforms to the Consultation Process

The reforms extend beyond changes to individual organisations.

 

The Government has also confirmed that it will reduce the scope of consultation requirements affecting several of the largest statutory consultees, including:

 

• Active Travel England;
• National Highways;
• Historic England; and
• The Mining Remediation Authority.

 

The intention is to ensure that consultation is proportionate and focused on matters where specialist input is genuinely required, avoiding routine referrals on applications where limited additional value is likely to be gained.

 

The Government has also confirmed that the moratorium on creating new statutory consultees will remain in place.

 

What Does This Mean for Applicants?

For those promoting development, the reforms are intended to reduce unnecessary bureaucracy and help local planning authorities determine applications more quickly. 

 

In practice, fewer mandatory consultations should lead to:

 

• Simpler consultation processes;
• Reduced delays associated with consultee responses;
• Greater certainty during application determination; and
• More focused engagement with key technical stakeholders.

 

However, applicants should be aware that the retention of Sport England means proposals affecting playing fields or strategic sporting facilities will still require careful consideration and robust supporting evidence where relevant.

 

DHA Planning's View

The Government's announcement represents an evolution rather than a wholesale overhaul of the statutory consultee system.

 

While some organisations will see their formal role reduced or removed, the decision to retain Sport England demonstrates the Government's willingness to balance planning reform with the protection of important community assets. At the same time, narrowing consultation requirements should help local planning authorities avoid unnecessary delays and focus resources on the issues that matter most.

 

With further regulations expected to follow in due course, developers, local authorities and planning professionals will be monitoring closely how these changes are implemented and whether they successfully accelerate decision making without compromising the quality of planning outcomes.