A major overhaul of England’s planning system has been signed into law, introducing a new framework for local plan-making that replaces the existing 2012 regulations and removes the Duty to Cooperate.
Minister of State for Housing and Planning, Matthew Pennycook MP (pictured) has this week signed the regulations to commence the new system, provided for by the Levelling-up and Regeneration Act 2023. A package of five statutory instruments was laid in Parliament, including the new Town and Country Planning (Local Planning) (England) Regulations 2026, which take effect on 25th March.
The new system introduces a ‘dual-running’period, allowing authorities to submit plans under the legacy system until 31st December 2026, while others can immediately begin work under the new framework.
A key change is the removal of the Duty to Cooperate, which required councils to work together on cross-boundary issues. The government argues that the duty will be replaced by more effective mechanisms, including new Spatial Development Strategies (SDSs) that will distribute housing need across entire areas.
Joanna Averley, Chief Planner, explained: ‘The removal of the Duty to Cooperate from the current plan-making system is confirmed. Some have questioned whether this could see weaker plans being adopted. The government is committed to requiring more cross-boundary cooperation. That is why, through the Planning and Infrastructure Act 2025, the government have created the new system of spatial development strategies.’
The government has published a roadmap for its ‘Create or Update a Local Plan’ guidance, setting out when further resources on plan timetables, data standards, and community engagement will be released throughout 2026.
To support implementation, a minimum of £14 million in funding has been allocated to help local authorities with plan-making in both the legacy and new systems. Successful authorities will be notified by mid-March, with payments made by 31 March.
The Planning Inspectorate will play a central role from ‘Gateway Two’ onwards. A new Procedure Guide for local plans prepared under the new system is due to be published shortly, with further guidance and digital services to follow throughout the year.
The government is also consulting on proposed geographies for Spatial Development Strategies until 26 March, with mayoral combined authorities expected to take the lead in most areas.
Other changes coming into force from 1 April include a 3.8% increase in planning fees, in line with inflation, and an expansion of the expedited written representations appeals procedure to cover all section 78 planning appeals.
The draft National Planning Policy Framework (NPPF) to support the new system is out for consultation until 10 March, with a final version expected in summer 2026.
Leave a Reply