1. What is “designation,” and why has Epping Forest District Council been designated?
1.1 How the performance of Local Planning Authorities is assessed?
The performance of Local Planning Authorities (like EFDC) is assessed by the Ministry for Housing, Communities and Local Government on both “major” (10 dwellings or more, or 0.5 hectares or more) and “minor” developments separately for a period of 2 years. For each, the speed and the quality with which decisions are assessed are considered. A key criterion for a positive assessment is that no more than 10% of decisions must be overturned at appeal. Otherwise, the council risks “designation,” under Section 62A of the Town and Country Planning Act 1990.
As of 15th June, EFDC was assessed negatively and designated. Appeals overturned between 31st March 2025 till 31st December 2025 were looked at and EFDC was found lacking on the quality of decision making for major developments (that is, more than 10% of major developments were overturned on appeal).
Image source: Epping Forest District Council.
1.2 What are the implications to EFDC in relation to their right to determine major planning applications?
As a result of the designation, “planning special measures” have been put in place in EFDC by central government and the Council has been stripped of the sole local right to determine major planning applications. Accordingly, developers within the major application bracket will have the choice to approach the Planning Inspectorate directly and bypass the Council.
On EFDC’s side, they are likely to need to create a new improvement plan to identify areas of weaknesses that led to their designation and to identify suitable actions to correct these weaknesses. The authority will be supported by Ministry for Housing, Communities and Local Government. However, the timeframe for this is significant. Designations are reviewed once a year and only if an authority fulfils certain criteria (evidence of sufficient improvement, speed and quality of decisions, no unreasonable delay in progressing S106 agreements, and completion of any administrative tasks for applications submitted to the SoS) the authority will be de-designated by the Secretary of State. EFDC will therefore be without this sole right to determine major planning applications for the foreseeable future.
2. What does this mean for the Forest?
2.1 What are our main concern
At EFHT, our main concern is that speculative developments, i.e. developments outside of the Local Plan, are not built on – Green Belt land surrounding the Forest and therefore putting the Forest at risk from increased pollution, footfall and disturbance.
Historically, appeals being approved by the Government’s Planning Inspectorate have not been a significant issue around the Forest (in response to the designation, EFDC leader Christopher Whitbread asserted that the 10% appeal threshold was only marginally breached by the Council. In fact, of the two appeals for developments which we objected to during the period in question, both were “minor” rather than “major” and both appeals were dismissed by the government appointed Planning Inspector).
However, larger developments, in general, pose a key issue, and it remains to be seen how the Planning Inspectorate will negotiate both the need to protect Epping Forest and to meet national housing targets.
2.2 What could be the major potential issue
The major potential issue is that designation entails major planning decisions being taken out of the hands of democratically elected local councillors who might be more familiar with the area and more sympathetic to protecting the Forest’s natural aspect. Many major developments, most recently a planned solar farm at Upland Road in Epping on 10th June, are decided at planning committee meetings. These councillors are often local, with a keen understanding of the location of the development, and open to the opinions of local stakeholders like us.
However, whether major developments are being decided by EFDC or the Planning Inspectorate, we still have overarching concerns regarding the vagueness of “grey belt” policy and how it will affect the local area. As we have discussed in a previous blog, a new designation of Green Belt land determined not-fit-for-purpose (“grey belt”), in accordance with the National Planning Policy Framework, is being taken by developers to cover large swathes of good quality arable farmland some of it around Epping Forest (the promised Epping Forest-Harlow Grey Belt Review, which will allocate parcels of Green Belt as grey belt, remains unpublished).
Since the start of 2026, we have objected to three major developments within Epping Forest District, ranging from 15 to 150 new dwellings. The lack of clarity around grey belt leaves all three parcels of land vulnerable to development, the Green Belt land around the Forest diminished and the Forest itself more vulnerable to pollution and footfall and loss of its natural aspect. Furthermore, building on Green Belt land around the Forest may destroy existing habitats and removes opportunities for the establishment of wildlife-rich areas and corridors connected to the Forest. The Forest is not an island, and the richness of its wildlife is also reliant on the green spaces that surround it.
Whether these applications are assessed by EFDC officers or the Planning Inspectorate, there is nevertheless a need for clarity which remains unaddressed. For now, we hope that the Planning Inspectorate will take into account local voices and ensure that developments are not to the detriment of the Forest. We will continue to monitor planning decisions and take action if we feel the Forest is under threat.
To see the Council Leader’s response see https://www.eppingforestdc.gov.uk/government-places-efdc-in-planning-special-measures/
To see Neil Hudson, MP for Epping Forest’s view at Q&A with the Minister, please visit: Topical Questions – Hansard – UK Parliament
Find out more
- Our work in relation to Responding to Planning Applications
- Our position on renewables and solar farms: Renewables done right – Protecting Epping Forest
- Green Belt is not a Grey Area: Grey Belt Policy in Epping Forest District