The Planning and Infrastructure Act 2025 (Consequential Amendments) Regulations 2026

The Planning and Infrastructure Act 2025 (Consequential Amendments) Regulations 2026 represent a pivotal step in the UK's re-emphasis on strategic spatial planning. These Regulations, made under the authority of the Planning and Infrastructure Act 2025, introduce necessary amendments to existing primary legislation. Their core purpose is to facilitate the effective implementation of Part 1A of the Planning and Compulsory Purchase Act 2004, which mandates strategic planning authorities to prepare Spatial Development Strategies (SDSs). By ensuring legislative coherence, these Regulations lay the groundwork for a new era of integrated, cross-boundary planning, impacting how housing, infrastructure, and environmental considerations are addressed at a regional scale across England.

The landscape of planning law in Great Britain is undergoing a significant transformation, with a renewed focus on strategic, cross-boundary development. At the heart of this shift lies the Planning and Infrastructure Act 2025 (c. 34) (PIA 2025), which has introduced a new statutory requirement for Spatial Development Strategies (SDSs). The Planning and Infrastructure Act 2025 (Consequential Amendments) Regulations 2026 (the Regulations) are a critical piece of secondary legislation designed to operationalise this fundamental change.

These Regulations, which came into force following their approval by Parliament, make essential amendments to various primary legislative instruments. Their immediate impact is to ensure that the broader legal framework aligns seamlessly with the new Part 1A of the Planning and Compulsory Purchase Act 2004 (c. 5) (PCPA 2004), as inserted by Section 58 of the PIA 2025. For practising attorneys and legal professionals, understanding these consequential amendments is vital, as they underpin the legal validity and practical application of the forthcoming SDSs, which will profoundly influence development proposals and decision-making across England.

This article will delve into the statutory context of these Regulations, examine the nature and implications of Spatial Development Strategies, and highlight the practical considerations for legal practitioners navigating this evolving planning regime. The introduction of SDSs, facilitated by these Regulations, marks a deliberate move towards more coordinated and ambitious planning outcomes, particularly in addressing housing needs, infrastructure provision, and environmental resilience at a regional scale.

The foundation of the modern planning system in England and Wales is largely rooted in the Planning and Compulsory Purchase Act 2004. This Act reformed the previous system by abolishing county structure plans and introducing local development frameworks, aiming to streamline and accelerate the planning process. However, over time, concerns emerged regarding the effectiveness of purely local plan-making in addressing strategic, cross-boundary issues such as housing distribution, major infrastructure projects, and environmental protection.

In response to these challenges, the government enacted the Planning and Infrastructure Act 2025, which received Royal Assent on 18 December 2025. A key provision of the PIA 2025 is Section 58, which inserts a new Part 1A into the PCPA 2004, titled 'Strategic plan-making'. This new Part places a statutory duty on designated 'strategic planning authorities' to prepare a document known as a Spatial Development Strategy for their area. These strategic planning authorities typically include combined authorities, combined county authorities, upper-tier county councils, and unitary authorities, with provisions for the Secretary of State to establish Strategic Planning Boards where necessary.

The Planning and Infrastructure Act 2025 (Consequential Amendments) Regulations 2026 are a direct consequence of the PIA 2025's introduction of Part 1A into the PCPA 2004. As their name suggests, these Regulations are designed to amend other primary legislation to ensure consistency and proper functioning within the new strategic planning framework. They are the initial set in a series of statutory instruments intended to fully implement Part 1A, signifying the commencement of a more integrated approach to spatial planning across England.

The 2026 Regulations are crucial for the seamless integration of Spatial Development Strategies into the existing legal framework. Specifically, Regulation 2 amends section 114 of the Planning and Compulsory Purchase Act 2004, which deals with examinations. By inserting a reference to 'strategy' after 'any' and 'Part 1A' after 'purposes of', the Regulations ensure that the examination of a Spatial Development Strategy under the new Part 1A of the 2004 Act is formally recognised as a statutory inquiry within the meaning of the Tribunal and Inquiries Act 1992. This is a significant procedural step, establishing the formal scrutiny and legal standing of SDS examinations, akin to those for local plans.

Furthermore, Regulation 3 addresses the interaction between land-use planning and marine planning. It amends paragraph 1 of Schedule 6 to the Marine and Coastal Access Act 2009 (c. 23) to require a marine plan authority to notify a strategic planning authority of its intention to prepare a marine plan. This amendment ensures that strategic planning authorities, now responsible for SDSs, are formally engaged in the marine planning process for areas adjoining or adjacent to their jurisdiction, promoting integrated spatial management across land and sea boundaries.

The introduction of SDSs marks a significant return to strategic planning, drawing parallels with the long-standing London Plan under the Greater London Authority Act 1999. These strategies are intended to provide a high-level spatial vision, guiding sustainable growth, identifying strategic locations for development, and outlining key infrastructure requirements over a period of at least 20 years. Importantly, SDSs will form part of the statutory development plan, meaning local plans prepared by individual local planning authorities must be in general conformity with the relevant SDS. This hierarchical relationship is designed to ensure that local decisions align with broader regional objectives, reducing fragmentation and promoting coordinated delivery of housing and infrastructure.

While SDSs are designed to address strategic matters, they are not intended to allocate individual sites for development; that role remains with local plans. However, the requirement for local plans to conform to SDSs will inevitably limit the flexibility of local authorities in their detailed plan-making. Practitioners should be aware of the potential for new challenges to planning decisions based on alleged non-conformity with an adopted SDS. The government's ambition for universal SDS coverage across England by the end of 2029, coupled with the establishment of Strategic Planning Boards, underscores the scale of this reform and the need for robust governance and collaboration among authorities.

The Planning and Infrastructure Act 2025 (Consequential Amendments) Regulations 2026 are more than mere technical adjustments; they are foundational instruments enabling a significant recalibration of England's planning system. By formally embedding Spatial Development Strategies into the statutory framework and ensuring procedural robustness through amendments to the Planning and Compulsory Purchase Act 2004 and the Marine and Coastal Access Act 2009, these Regulations pave the way for a more integrated and strategically driven approach to development.

For legal practitioners, the implications are substantial. It will be imperative to understand the content and legal weight of Spatial Development Strategies as they emerge, as these documents will dictate the strategic context for all future local plans and planning applications. Advising clients will require a keen awareness of the new hierarchy of planning documents, the duties placed on strategic planning authorities, and the potential for new avenues of challenge or opportunity arising from the strategic planning process. Practitioners should closely monitor the development of SDSs, accompanying guidance, and any further secondary legislation, as the success of this ambitious reform will hinge on its effective implementation and the ability of all stakeholders to adapt to this evolving strategic planning landscape.