On 18 November 2025, and as part of the Government’s commitment to 'unleash Britain's potential to build',
a consultation was launched seeking views on reducing the involvement of statutory consultees in the decision-making process in England. Citing a failure of consultees to engage in a proactive and proportionate way, nor in a timely manner, with responses often failing to be commensurate with that necessary to consider the planning merits of a development
[1].
To this end, development proposals include removing Sport England, The Gardens Trust and The Theatres Trust as Statutory Consultees on planning applications. For Sport England in particular, their current role
[2] would be reduced down to the following responsibilities:
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They would be retained as a plan-making consultation body (and a prescribed body for new plan making
[3]);
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Be notified (as an amenity society might) on planning applications that would result in the wholesale or substantial loss of playing fields. Sport England could respond if it chooses;
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Inform updated Planning Practice Guidance on consultation and pre-decision matters to ensure relevant issues are considered; and,
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Play a role in developing guidance for local authorities to assist with their consideration of applications that affect playing fields.
Overall, the Government’s view is that the protection already afforded such facilities in the NPPF, alongside local policy and guidance, will be sufficient to secure the right sport and recreation spaces in the right places – maintaining appropriate levels and quality of facilities for the communities they serve.
A streamlined system
In general, slimming a system that has grown weightier over the years is no bad ambition. Particularly where resourcing has not allowed consultees to keep up with an increased demand on their time. But if an expert group is removed from the process, a greater pressure will be placed on the decision maker, usually a case officer and/or planning committee, to understand the issues, interpret the evidence and conclude on appropriateness. LPA planning departments are themselves, already severely stretched.
It raises the questions as to whether LPA decisions makers have the time and resourcing to fully explore and work around the nuance of the issue. The introduction of guidance and criteria will help to an extent but as with any intervention, we will have to wait and see whether removing a layer of scrutiny speeds up decision making.
When neither the question nor the answer is binary, specialist experience can be a significant advantage. To this end, the quest for greater speed in decision making will not remove the need for applicants to provide technical information in support of applications – indeed it places greater emphasis on the quality and completeness of the evidence presented.
Making the Case
Lichfields has supported many of its clients in defining and quantifying the need for sport and leisure facilities in an area. Whether that’s supporting the loss of an existing facility, as was the case at Loomer Road, Newcastle Under Lyme (Client: Cole Waterhouse) where Lichfields successfully demonstrated a lack of demand as well as an alternative provision better suited to the demographic, to support the loss of a motor sport facility in favour of a 300,000 sqft distribution unit. Or at Barony Campus, East Ayrshire (Client: East Ayrshire Council), where Lichfields calculated and evidenced the requirement for playing pitches as part of the merging of educational sites into one combined higher quality provision.
In both cases Lichfields utilised its bespoke product – Fit for Purpose. The tool combines GIS mapping, demographic analysis, assessment of supply and quantification of need to build a profile of the catchment area and need or otherwise for a specific facility or type of service. Articulating the case for the right development in the right place.
Designed to assist both applicants and LPA's, it can be used to:
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Promote new sport and leisure development;
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Support the loss of surplus facilities;
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Develop policy and guidance;
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Rationalise existing assets and estates
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Stress test expansion plans; and/or
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Appraise purchase opportunities.
As we enter an age where the need to articulate the specialist case will be increasingly critical in helping Local Planning Authorities assess the impacts of development, Lichfields has the experience and products to help. Do get in touch, if you would like to find out more.
Footnotes
[2] Currently LPAs are required to consult Sport England on development proposals which:
(i) is likely to prejudice the use, or lead to the loss of use, of land being used as a playing field; or
(ii) is on land which has been—
(aa) used as a playing field at any time in the 5 years before the making of the relevant application and which remains undeveloped; or
(bb) allocated for use as a playing field in a development plan or in proposals for such a plan or its alteration or replacement; or
(iii) involves the replacement of the grass surface of a playing pitch on a playing field with an artificial, man-made or composite surface
[3] Levelling Up and Regeneration Act 2023: Section 100: Requirement to assist with certain plan-making
