The Planning and Infrastructure Act 2025 (Commencement No. 5) and English Devolution and Community Empowerment Act 2026 (Commencement No. 5) Regulations 2026
Activated legal requirements for English authorities to create spatial development strategies and prioritise brownfield land for new developments.
This statutory instrument brings into force specific sections of the Planning and Infrastructure Act 2025 and the English Devolution and Community Empowerment Act 2026 concerning regional planning and land use.
It directs strategic planning authorities to prepare spatial development strategies and introduces a requirement for the Secretary of State to mandate the prioritisation of brownfield land development.
These regulations apply to local and strategic planning authorities in England, establishing the legal commencement dates for these new planning duties in November 2026.
Arguments For
The Regulations state that the commencement of these provisions establishes a requirement for strategic planning authorities to prepare spatial development strategies.
The explanatory note indicates that the regulations provide for the public examination of spatial development strategies by amending the Town and Country Planning Act 1990.
Proponents argue that the measure prioritizes the development of previously developed land (brownfield land) by requiring the Secretary of State to prescribe this as a mandatory consideration for authorities.
The document specifies that these changes align with the broader frameworks of the Planning and Infrastructure Act 2025 and the English Devolution and Community Empowerment Act 2026.
Arguments Against
Legal scholars may note that the effectiveness of the brownfield prioritisation depends on future regulations to be made by the Secretary of State, creating a period of regulatory uncertainty.
Strategic planning authorities may face increased administrative and financial burdens due to the new mandatory requirement to prepare spatial development strategies.
Affected parties might question the clarity of how "strategic planning authority" is defined and applied across different devolved or local governance structures.
The absence of a new impact assessment for this specific instrument may be cited as a concern by those seeking updated data on the costs to local government.
1.—(1) These Regulations may be cited as the Planning and Infrastructure Act 2025 (Commencement No. 5) and English Devolution and Community Empowerment Act 2026 (Commencement No. 5) Regulations 2026.
(2) In these Regulations—
"the 2025 Act" means the Planning and Infrastructure Act 2025;
"the 2026 Act" means the English Devolution and Community Empowerment Act 2026.
This section establishes the official title of the regulations and provides shorthand definitions for the two primary Acts being brought into force.
It ensures that subsequent references to the 2025 and 2026 Acts within this document are legally linked to the correct primary legislation.
- The following provisions of the 2025 Act come into force on the day after the day on which these Regulations are made—
(a) section 58(3) (spatial development strategies), so far as it relates to the provision of Schedule 2 brought into force by paragraph (b);
(b) paragraph 1 of Schedule 2 (section 58: minor and consequential amendments).
This section activates specific legal amendments one day after the regulations are signed.
These amendments modify the Town and Country Planning Act 1990 to allow for the public examination of new spatial development strategies, which are high-level planning frameworks for geographic areas.
- The following provisions of the 2025 Act, so far as not already commenced, come into force on 26th November 2026—
(a) section 58 (spatial development strategies);
(b) Schedule 2 (section 58: minor and consequential amendments).
This section brings the core of the spatial development strategy framework into legal effect on 26 November 2026.
It requires designated planning authorities to create regional development plans and implements various related changes to existing laws.
- Section 39 of the English Devolution and Community Empowerment Act 2026 (prioritisation of development of brownfield land), so far as not already commenced, comes into force on the day after the day on which these Regulations are made.
This section activates a legal requirement for the Secretary of State to create rules that favour building on brownfield land—land that was previously developed and is now vacant or derelict.
It applies to strategic planning authorities when they are drafting their development strategies.
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