The Planning and Infrastructure Act 2025 (Commencement No. 4 and Transitional Provisions) Regulations 2026
These Regulations bring several provisions of the Planning and Infrastructure Act 2025 into legal force on various dates throughout 2026.
The instrument activates sections concerning Natural England's advisory role, the transfer of transport functions, and significant reforms to the development consent process for infrastructure projects under the Planning Act 2008.
These changes apply to the Secretary of State, local planning authorities, Natural England, and applicants for major infrastructure developments in England and Wales.
Arguments For
The order states that these regulations are necessary to phasedly implement the primary legislation, the Planning and Infrastructure Act 2025.
Proponents within the Ministry of Housing, Communities and Local Government suggest the changes will streamline the application process for nationally significant infrastructure projects by removing certain pre-application requirements and adjusting the acceptance stage.
The document implies that replacing model clauses with guidance under the Transport and Works Act 1992 will modernize procedural requirements for infrastructure orders.
The transitional provisions are framed as a means to ensure legal certainty for applications and schemes already in progress before the new rules take effect.
Arguments Against
Legal scholars may argue that the power to disapply requirements for development consent grants the Secretary of State broad discretionary authority that could reduce parliamentary or local oversight.
Affected agencies, such as local authorities, might express concern regarding the delegation of planning decisions and the accelerated deadlines for consultation and decisions on highway orders.
Conservation groups could question if the changes to how Natural England provides advice to public authorities might impact the rigor of environmental assessments.
Implementing parties might find the overlapping commencement dates (June, July, September, and October) administratively complex to track and apply.
Citation and interpretation
- -(1) These Regulations may be cited as the Planning and Infrastructure Act 2025 (Commencement No. 4 and Transitional Provisions) Regulations 2026.
- (2) In these Regulations the '2025 Act' means the Planning and Infrastructure Act 2025.
This section establishes the official name of the statutory instrument and defines the '2025 Act' as a shorthand reference for the Planning and Infrastructure Act 2025.
These are standard introductory provisions that facilitate the reading and legal citation of the regulations.
Provisions of the 2025 Act coming into force the day after the day on which the Regulations are made
- The following provisions of the 2025 Act come into force on the day after the day on which these Regulations are made-
- (a) section 57 (provision of advice by Natural England to public authorities);
- (b) section 104 (exercise of transport functions and transfer schemes).
This regulation activates two sections of the 2025 Act on June 17, 2026.
Section 57 concerns how Natural England provides assistance to public bodies, while section 104 involves the legal mechanisms for transferring transport-related responsibilities and assets.
Provisions of the 2025 Act coming into force on 24th July 2026
- The following provisions of the 2025 Act come into force on 24th July 2026-
- (a) section 4 (power to disapply requirement for development consent);
- (b) section 5 (applications for development consent: removal of certain pre-application requirements);
- (c) section 6 (applications for development consent: changes related to section 5);
- (d) section 7 (applications for development consent: acceptance stage);
- (h) section 8 (applications for development consent: local impact reports and representations);
- (i) section 9 (examination of applications for development consent);
- (j) section 11 (Planning Act 2008: right to enter and survey land).
This part brings into force a suite of reforms regarding nationally significant infrastructure projects.
It authorizes the Secretary of State to waive development consent requirements in specific instances and amends the Planning Act 2008 to modify how projects are examined, how local impacts are reported, and the legal right to access land for surveying purposes.
Provisions of the 2025 Act coming into force on 1st September 2026
- The following provisions of the 2025 Act come into force on 1st September 2026-
- (a) section 33 (deadlines for consultation and decisions on certain orders and schemes);
- (b) section 36 (replacement of model clauses with guidance).
This section activates new procedural rules for transport and highway projects starting September 1, 2026.
It introduces specific time limits for consulting on and deciding upon highway schemes and shifts the legal framework from rigid 'model clauses' for transport orders to a guidance-based system.
Provision of the 2025 Act coming into force on 31st October 2026
- Section 54(2) of the 2025 Act (delegation of planning decisions in England) comes into force on 31st October 2026.
This regulation brings into force a specific amendment regarding the delegation of planning functions.
It alters section 316 of the Town and Country Planning Act 1990, affecting how decisions are made regarding land owned by planning authorities in England.
Transitional provision in relation to section 7 of the 2025 Act
- Where an applicant has notified the Secretary of State of a proposed application under section 46(1) of the Planning Act 2008 before the date on which sections 5, 6 and 7 of the 2025 Act come into force, section 55 of the Planning Act 2008 is to be read as if paragraph (3)(ca) is omitted.
This provision creates a 'bridge' for infrastructure applications already in progress before July 24, 2026.
It ensures that developers who have already notified the government of an application do not have to comply with certain new acceptance criteria introduced by the 2025 Act.
Transitional provision in relation to section 33 of the 2025 Act
- -(1) The amendments made to the Highways Act 1980 by section 33 of the 2025 Act do not apply in relation to an order or scheme where the date in paragraph (2) is before the date on which that section comes into force.
(2) The date in this paragraph is the date on which-
- (a) in the case of an order, notice of the order or proposed order is first published pursuant to paragraph 1, 1A or 2 (as applicable) of Schedule 1 to the Highways Act 1980, or
- (b) in the case of a scheme, notice of the scheme or proposed scheme is first published pursuant to paragraph 10 of Schedule 1 to the Highways Act 1980.
This regulation ensures that new deadlines for decisions on highway projects do not apply retroactively.
If a public notice for a highway order or scheme was published before September 1, 2026, it will continue under the previous legal requirements rather than the new ones introduced by section 33.
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