Council legal threat after planning 'censure'

A council is threatening legal action after the government weakened its ability to decide planning applications - calling it "outrageous".

Wychavon District Council has been told developers can now bypass the authority and apply straight to national planning inspectors for a decision on all major housing projects instead.

The sanction was made because too many housing developments refused by councillors over a two-year period in Wychavon were later allowed on appeal, with the government accusing them of "not delivering".

Councillor Emma Kearsey, Wychavon's Conservative deputy leader and cabinet member for planning, called it "outrageous".

Between 2023 and 2025, 10.7% of all planning applications in Wychavon were allowed on appeal, slightly above the government's accepted limit of 10%.

The sanction, under the Town and Country Planning Act, will remain in place until government officials believe the situation has improved.

Planning applications of 10 homes or more are classed as "major" ones.

Kearsey added: "This is an outrageous decision by a government that thinks it can simply dictate to local communities, in complete defiance of the evidence and common sense.

"Communities such as Drakes Broughton and Badsey have already endured levels of development that have fundamentally changed the character of those villages.

"The reward for councillors who stood up for those communities is apparently to have their decisions taken away from them by those in Westminster, and handed to inspectors with no knowledge of Wychavon or the people who live here.

"We will challenge this affront to local democracy and fight to return decisions on major planning applications to democratically elected councillors as soon as possible."

Bosses at the council also say in the 12-month period up until March this year, only 5.2% of applications refused by councillors were allowed on appeal.

Councillor Richard Morris, the leader, said: "How dare they? This is unjust and wrong, planning should stay local."

Nigel Huddleston, the Conservative MP for Droitwich & Evesham, said he had launched a petition against the decision, calling it a "power grab".

"This decision is an outrage and opens the door to even more unwanted housing development," he said.

"Worcestershire and Wychavon in particular has already seen a significant increase in development."

Nine local authorities across the country have had their powers on planning applications removed for what the government calls "poor planning performance", including Wychavon.

The government has called the measure an "official underperformance censure" that aims to cut delays in the system.

In the 12-month period leading up to December 2025, 261,700 decisions on planning were approved by councils, down four per cent on the previous year.

The BBC contacted the Ministry of Housing, Communities and Local Government for a response.

A spokesperson for the government 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."

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