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The Planning and Infrastructure Act 2025 (Commencement No. 3 and Transitional Provisions) Regulations 2026

S.I. 2026/549 · Made 20 May 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TOWN AND COUNTRY PLANNING, ENGLAND

Made 20th May 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by section 118(3) and (7) of the Planning and Infrastructure Act 2025f1.

Annotations to the whole text

Footnotes

f1

2025 c. 34.

Contents

  1. 1Citation
  2. 2Interpretation
  3. 3Provisions coming into force on the day after the day on which these Regulations are made
  4. 4Transitional provisions in relation to Part 1 of Schedule 5 of the Planning and Infrastructure Act 2025
  5. Signature
  6. Explanatory note

1Citation

These Regulations may be cited as the Planning and Infrastructure Act 2025 (Commencement No. 3 and Transitional Provisions) Regulations 2026.

2Interpretation

In these Regulations—

(a)

“TCPA 1990” means the Town and Country Planning Act 1990f1;

(b)

“general consent” means a permission which meets the following conditions—

(i)

it is granted for development of any description or class specified in an order or scheme (as opposed to for development itself specified in the order or scheme);

(ii)

it is granted under, or by virtue of, Part 3 of the TCPA 1990;

(iii)

it is granted by, or on the adoption, approval or designation of, an order, scheme or zone (including an alteration or modification to such an order, scheme or zone);

(c)

“planning permission” has the same meaning as the TCPA 1990 other than permission granted by a general consent;

(d)

“previous permission” means, in relation to a planning permission granted under section 73 of the TCPA 1990, the previous planning permission referred to in section 73(1);

(e)

“prior approval development consent” means a general consent which is subject to a requirement for prior approval or a determination as to whether prior approval is required.

3Provisions coming into force on the day after the day on which these Regulations are made

Part 1 of Schedule 5 to the Planning and Infrastructure Act 2025 (except for paragraph 14(2)), comes into force on the day after the day on which these Regulations are made.

4Transitional provisions in relation to Part 1 of Schedule 5 of the Planning and Infrastructure Act 2025

(1)

The amendments made to the Conservation of Habitats and Species Regulations 2017f1 by Part 1 of Schedule 5 to the Planning and Infrastructure Act 2025 do not apply in relation to any project which was authorised by—

(a)

a planning permission granted before 17th August 2020, or

(b)

a general consent if the relevant date was before the day that Part 1 of Schedule 5 to the Planning and Infrastructure Act 2025 (except for paragraph 14(2)) comes into force.

(2)

For the purpose of paragraph (1)(a), granted means, in relation to a planning permission—

(a)

where the planning permission was granted under section 73 of the TCPA 1990, the date the previous permission was granted, or

(b)

in any other case, the date planning permission was granted under the TCPA 1990.

(3)

For the purpose of paragraph (1)(b), the relevant date, in relation to a general consent, is—

(a)

in the case of a prior approval development consent, the date on which—

(i)

the prior approval was given,

(ii)

the determination that such approval is not required was given, or

(iii)

where the consent was given subject to a determination as to whether prior approval is required, the period for giving such a determination expired,

(b)

in any other case, the date that the development to which the general consent relates was commenced.

Signature

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Matthew Pennycook

Minister of State

20th May 2026

Ministry of Housing, Communities and Local Government

Explanatory note

(This note is not part of the Regulations)

These Regulations are the third commencement regulations made under the Planning and Infrastructure Act 2025 (“the Act”).

Regulation 3 brings into force on the day after which these Regulations are made Part 1 of Schedule 5 to the Act (except paragraph 14(2)). Part 1 of the Schedule amends the Conservation of Habitats and Species Regulations 2017 (“the Habitats Regulations”) extending the protection in Part 6 of those Regulations to Ramsar sites in England. Ramsar sites are wetlands of international importance designated under the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2 February 1971. These amendments introduce a statutory requirement for Ramsar sites to be treated in the same manner as European sites when carrying out assessments under those Regulations.

Regulation 4 makes transitional provisions in relation to certain kinds of projects to which the changes made to the Habitats Regulations do not apply.

An impact assessment has been produced in relation to the Act and copies can be obtained at https://publications.parliament.uk/pa/bills/cbill/59-01/0196/IA_annexes.pdf or from the Ministry of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF, United Kingdom.