Explanatory note

These Regulations are the fifth commencement regulations made under the Planning and Infrastructure Act 2025 (c. 34) (“the 2025 Act”) and the fifth commencement regulations made under the English Devolution and Community Empowerment Act 2026 (c. 23) (“the 2026 Act”). These Regulations bring into force provisions relating to spatial development strategies.

Regulation 2 brings into force on the day after the day on which these Regulations are made paragraph 1 of Schedule 2 to the 2025 Act. Paragraph 1 amends section 303A of the Town and Country Planning Act 1990 so that it applies to the public examination of a spatial development strategy under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”).

Regulation 3 brings into force on 26th November 2026 the remainder of section 58 of, and Schedule 2 to, the 2025 Act. Section 58 inserts new Part 1A into the 2004 Act. New Part 1A of the 2004 Act places a requirement on strategic planning authorities to prepare a spatial development strategy. Schedule 2 makes amendments to primary and secondary legislation that are consequential on new Part 1A of the 2004 Act.

Regulation 4 brings into force on the day after the day on which these Regulations are made section 39 of the 2026 Act. Section 39 amends section 12G of the 2004 Act to require the Secretary of State to make regulations prescribing the desirability of prioritising development on land that has been previously developed as a matter to which a strategic planning authority must have regard when preparing a draft spatial development strategy.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An impact assessment was prepared for the 2025 Act and can be found at https://bills.parliament.uk/bills/3946/publications and can be inspected at the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.

An impact assessment was prepared for the 2026 Act and can be found at https://bills.parliament.uk/bills/4002/publications and can be inspected at the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.