Call-in of planning applications (England)

What is ‘call-in’ of a planning application?

Under section 77 of the Town and Country Planning Act 1990, the Secretary of State for Levelling Up, Housing and Communities can ‘call-in’ any planning application for their own determination. This means the Secretary of State, rather than the local planning authority (LPA), will decide the outcome of the application.

The Secretary of State can call-in a planning application at any time until the LPA has formally issued its decision on the application.

Which planning applications can be called-in?

In theory, the Secretary of State can call-in a planning application for any reason (until the LPA has formally issued its decision on the application). In practice, very few applications are called-in every year. Between 2010/11 and 2022/23, the Secretary of State called-in 198 planning applications in total.

Cases that may be called-in include those that may conflict with national policies or those that could have significant effects beyond their immediate locality. Each case is considered on its individual merits.

Who can request call-in?

Anyone can ask for an application to be called-in. The request does not have to be made by an MP. The final decision on whether to call-in an application rests with the Secretary of State.

What is ‘recovery’ of a planning appeal?

If an LPA refuses to grant planning permission, an applicant can appeal the LPA’s decision. Most appeals are handled by the Planning Inspectorate, an executive agency of the Department for Levelling Up, Housing and Communities (DLUHC). Under section 79 of the Town and Country Planning Act 1990, the Secretary of State can decide to make the final decision on an appeal, rather than it being made by a planning inspector. This is called ‘recovery’ of an appeal.

The Secretary of State can choose to recover a planning appeal at any stage until the Planning Inspectorate has formally issued its decision on the appeal.