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The Planning and Infrastructure Act 2025 (Commencement No. 4 and Transitional Provisions) Regulations 2026

S.I. 2026/641 · Made 16 June 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 AND WALES

URBAN DEVELOPMENT, ENGLAND AND WALES

TRANSPORT, ENGLAND AND WALES

INFRASTRUCTURE PLANNING

Made 16th June 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by section 118(1), (2), (4) and (7) of the Planning and Infrastructure Act 2025f1.

Annotations to the whole text

Footnotes

f1

2025 c. 34.

Contents

  1. 1Citation and interpretation
  2. 2Provisions of the 2025 Act coming into force the day after the day on which the Regulations are made
  3. 3Provisions of the 2025 Act coming into force on 24th July 2026
  4. 4Provisions of the 2025 Act coming into force on 1st September 2026
  5. 5Provision of the 2025 Act coming into force on 31st October 2026
  6. 6Transitional provision in relation to section 7 of the 2025 Act
  7. 7Transitional provision in relation to section 33 of the 2025 Act
  8. Signature
  9. Explanatory note

1Citation 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.

2Provisions 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).

3Provisions 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);

(e)

section 8 (applications for development consent: local impact reports and representations);

(f)

section 9 (examination of applications for development consent);

(g)

section 11 (Planning Act 2008: right to enter and survey land).

4Provisions 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).

5Provision 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.

6Transitional 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 2008f1 before the date on which sections 5, 6 and 7 of the 2025 Act come into force, section 55 of the Planning Act 2008f2 is to be read as if paragraph (3)(ca) is omitted.

7Transitional provision in relation to section 33 of the 2025 Act

(1)

The amendments made to the Highways Act 1980f1 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 1980f2, 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 1980f3.

Signature

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

Matthew Pennycook

Minister of State

Ministry of Housing, Communities and Local Government

16th June 2026

Explanatory note

(This note is not part of the Regulations)

These Regulations bring into force provisions in the Planning and Infrastructure Act 2025f1 (“the 2025 Act”).

Regulation 2 brings sections 57 and 104 of the 2025 Act into force on the day after the day on which these Regulations are made. These provisions bring amendments to the Natural Environment and Rural Communities Act 2006f2 and the New Towns Act 1981f3.

Regulation 3 brings sections 4 to 9 and section 11 of the 2025 Act into force on the 24th July 2026. These provisions make various amendments the Planning Act 2008, including introducing a new power for the Secretary of State to disapply the requirement for development consent and bringing in amendments to the application for development consent process for nationally significant infrastructure projects.

Regulation 4 brings into force sections 33 and 36 of the 2025 Act. Section 33 makes amendments to the Highways Act 1980f4 relating to the procedures for making certain Highways Act 1980 orders and schemes, and section 36 replaces the power to prescribe model clauses by statutory instrument of section 8 of the Transport and Works Act 1992f5 with a new power to publish guidance on draft orders, which may include model provisions.

Regulation 5 brings into force section 54(2) of the 2025 Act. This provision amends the wording of section 316(3) of the Town and Country Planning Act 1980f6.

Regulation 6 makes a transitional provision in relation to section 7 of the 2025 Act. Where an application is submitted before the provision comes into force, section 55 of the Planning Act 2008 will read as if the newly inserted paragraph (3)(ca) is omitted.

Regulation 7 makes transitional provisions in relation to section 33 of the 2025 Act. The transitional provisions make it so that the amendments to the Highways Act 1980 brought into force by these Regulations do not apply in relation to an order or scheme where the date in paragraph (2) is before the date on which section 33 of the 2025 Act comes into force.

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.