Council criticises government decision to put it in special measures over planning appeals

A Lancashire council says it tried to persuade government officials not to put it into special measures after the authority rejected two major planning applications and had the decisions overturned on appeal.

Labour-run Rossendale council has criticised the decision by Housing Minister Matthew Pennycook to hand it a ‘designation notice’ for under-performance linked to planning appeals. The move means developers can now chose to bypass the council and submit applications directly to national planning inspectors.

Mr Pennycook issued the notices to nine councils, based on planning appeal rates where more than 10 per cent of appeals were allowed by inspectors following refusals by councils – or other issues such as failing to make a decision.

Rossendale Council had the highest rate of planning appeals allowed by inspectors, at 15.4 per cent, of the nine councils in the 24-month period to late 2025.

But a spokesperson for the authority said it had told the Ministry of Housing Local Government and Communities (MHCLG) it did not believe designation was “appropriate”.

The spokesperson told the Local Democracy Reporting Service the council’s high rate was due to two major applications that were recommended for approval but refused by the planning committee and later allowed on appeal.

They added: “Because we receive a relatively small number of major applications each year, these two appeal outcomes were enough to take us over the government’s 10 per cent threshold. Government guidance is that no more than 10 per cent of major applications should be overturned on appeal.

“We were informed that the council was being considered for designation and provided the MHCLG with information explaining why, given the small number of major applications we receive each year, we did not believe designation was appropriate. However, the Secretary of State has rejected this.

“As a result, developers will now have the opportunity to choose to by-pass the local planning authority for major planning applications and apply straight to the Planning Inspectorate.”

The designations will remain in place until Ministers are convinced councils can turn around their ‘poor performance’ and demonstrate they can make ‘quality planning decisions’.

A source close to the MHCLG said: “A minority of councils have repeatedly failed to take the decisions needed to build the homes their communities are crying out for.

“Our message is clear: if you drag your feet to get on with the job, we will take away your right to make those decisions. Where councils aren’t delivering, ministers will – because getting Britain building faster is non-negotiable.”