For decades, planning decisions in Cherwell have been shaped in council chambers, debated by elected members and scrutinised by local communities. From major housing developments on the edge of Banbury and Bicester to strategic employment sites along the M40 corridor, the district’s future has largely been determined through the local democratic process.
That changed on 15 June.
The Government has formally designated Cherwell District Council under Section 62A of the Town and Country Planning Act 1990, removing its exclusive authority to determine major planning applications and allowing developers to submit schemes directly to the Planning Inspectorate instead.
The decision places Cherwell among nine local authorities across England judged by ministers to be underperforming in their handling of major planning applications. The move is the first wave of such designations under the current Labour Government and signals a tougher approach to councils that fail to meet national planning performance standards.
Alongside Cherwell, the Government has designated Dacorum Borough Council, Epping Forest District Council, Hertsmere Borough Council, Malvern Hills District Council, Rossendale Borough Council, South Tyneside Council, Staffordshire Moorlands District Council and Wychavon District Council.
Why has Cherwell been designated?
The designation is based on Government performance data covering the period from April 2023 to March 2025 and subsequent appeal decisions up to December 2025.
Under national criteria, councils are assessed on both the speed and quality of planning decisions. A key measure is the proportion of major planning refusals that are later overturned by the Planning Inspectorate on appeal. Local planning authorities are expected to keep this figure below 10%.
For Cherwell, the figure stood at just over 11%, narrowly exceeding the threshold.
Housing and Planning Minister Matthew Pennycook informed the council that it was “not adequately performing” its statutory role in determining applications for major development, triggering the designation.
The notice came into force at 9am on 15 June and will remain in place until the Government decides performance has improved sufficiently to justify its removal.
What changes now?
The designation does not remove Cherwell District Council’s role as the local planning authority. Smaller planning applications and many routine planning matters will continue to be dealt with through the council’s planning service.
However, applicants promoting major residential, commercial, logistics and mixed-use developments now have a choice. Rather than submitting applications to Cherwell District Council, they can apply directly to the Secretary of State through the Planning Inspectorate.
In practical terms, this creates an alternative route for determining large-scale developments.
For developers and investors, the change could offer greater certainty where concerns exist over timescales or decision-making. For local residents and councillors, it raises questions about democratic accountability and the influence communities will retain over significant developments affecting their area.
Council attacks decision
Cherwell District Council has reacted with clear frustration.
Council leaders argue the designation is based on historic performance data that fails to recognise improvements already being made within the authority’s planning service.
Since the monitoring period ended, the council says it has worked closely with the Planning Advisory Service to strengthen governance, improve decision-making and increase planning capacity.
According to the authority, current performance data suggests it would now fall below the Government’s 10% threshold, making the designation particularly difficult to accept.
Councillor Lesley McLean, Leader of Cherwell District Council, described the decision as “disappointing and, frankly, frustrating”.
She argued that ministers were focusing on past performance rather than acknowledging recent improvements and warned that major decisions affecting local communities could now be taken outside the local democratic process.
McLean also pointed to the challenges faced by planning authorities operating within an evolving policy environment and said elected councillors, supported by professional planning officers, remain best placed to shape development across North Oxfordshire.
The council has confirmed it is working with both the Ministry of Housing, Communities and Local Government and the Planning Advisory Service in an effort to secure removal of the designation as quickly as possible.
A challenge for local democracy
The Government’s decision has reignited a long-running debate about the balance between local democratic control and the national drive to accelerate housing and economic growth.
Supporters of the designation system argue it provides a necessary mechanism for improving planning performance and reducing delays that can discourage investment and slow housing delivery.
Critics, however, contend that removing decision-making powers from locally elected representatives undermines accountability and risks weakening community influence over major developments.
For a district such as Cherwell — one of the country’s fastest-growing areas and a key location within the Oxford-Cambridge growth corridor — that tension is particularly acute.
The district faces increasing pressure to deliver new homes, employment land and infrastructure while also protecting landscapes, heritage assets and community character.
Development industry sees opportunity
While the council has criticised the decision, parts of the development sector have responded more positively.
Banbury-based White Commercial Surveyors described the designation as one of the most significant planning announcements affecting major residential and commercial development in North Oxfordshire for many years.
The firm believes the change could improve confidence among developers, investors and occupiers by providing an alternative route where planning delays or uncertainty have been concerns.
Managing Director Chris White said the designation should not be interpreted as a negative verdict on Cherwell’s economic prospects, arguing instead that the district remains one of the UK’s most strategically important commercial property locations.
He suggested the move could help unlock investment across Banbury, Bicester, Upper Heyford and the wider M40 corridor if it leads to clearer and faster decision-making on major schemes.
At the same time, White acknowledged the importance of retaining meaningful local engagement in planning decisions and stressed that sustainable growth requires both effective planning leadership and community involvement.
What happens next?
The immediate impact may be limited.
Applications already submitted before the designation took effect will remain with Cherwell District Council. Future major applications, however, can be directed either to the council or the Planning Inspectorate.
Whether developers embrace the new route remains to be seen. Much will depend on how quickly planning decisions are made, how appeals are handled and whether investors perceive the designation as reducing risk.
For Cherwell District Council, the priority is clear: demonstrate improved performance and persuade ministers that local control should be fully restored.
For residents, the announcement represents a significant shift in how some of the district’s biggest planning decisions may be made in the years ahead.
At a time when Oxfordshire faces mounting pressure for housing, employment growth and infrastructure investment, the battle over who decides the future shape of development has entered a new phase.
