Planning And Infrastructure Act 2025 – Update On Implementation

The Planning and Infrastructure Act 2025 (PIA) has set out an ambitious range of planning reforms, and 18 February 2026 marked a significant step with many provisions of the the PIA now formally in force. However, not all are fully "in effect". This post highlights those changes in force, and sets out those prospective changes that await further implementation.

In force and in effect

Extension of implementation periods on judicial review

Where a planning permission is subject to legal challenge, section 56 of the PIA extends the time for implementing a planning permission (or listed building consent). If permission is granted for judicial review, the time frame for implementation will be extended by one year in the case of High Court proceedings, an additional year if the case goes to the Court of Appeal, and a further two years if the case goes to the Supreme Court (so, up to four years in total, but only three if the case goes straight from the High Court to the Supreme Court). For outline planning permissions, these extension periods apply both to extend the period for reserved matters applications as well as the implementation period that is running when the proceedings are brought. The same protection applies for listed building consents. However, if an implementation period has already expired, it cannot be extended under section 56.

These provisions are welcomed – saving permissions that might otherwise have expired owing to delays arising from judicial review.

EDPs and the Nature Restoration Fund

Natural England (NE) can now prepare EDPs which the Secretary of State will make. In simple terms, EDPs will detail conservation measures which are to be undertaken over a defined area to address the potential impact of development on specified environmental features within that area. EDPs will also set out the amount of nature restoration levy payable by relevant developments to cover the cost of those conservation measures.

In the first instance, the government is taking a phased and targeted approach to developing and making EDPs, the first of which will be aimed at unblocking housing development affected by NE's nutrient neutrality guidance. NE has named the 16 catchments that it is currently assessing for the purposes of the initial EDPs (see NE's formal December 2025 EDP notification here), consultation on which is expected in spring and summer 2026. NE also intends to prepare seven EDPs for great crested newts (again, see the December 2025 EDP notification for the selected sites). Whilst NE intends to introduce EDPs covering other protected species and habitats over time, whether or not a development will be impacted by an EDP will depend on the location and nature of the development.

We are also waiting for the government to publish the nature restoration levy regulations, which will set out the detail of exactly how the levy will impact development.

Changes to compulsory purchase

Part 5 of the PIA makes a number of changes intended to simplify the use of CPO powers: it enables use of electronic communications to serve notices, simplifies newspaper notice requirements, speeds up land vesting, makes changes to the approach to loss payments and, in certain circumstances, enables authorities to confirm their own CPOs which include directions disregarding hope value. In England, the whole of Part 5 of the PIA is now in force, save for provisions that allow the removal of hope value for the benefit of parish/town and community council promoted CPOs – these will be brought into effect by future regulations.

In force but not yet in effect

Planning fees and planning surcharge

Sections 51 and 52 of the PIA empower the Secretary of State to make regulations to enable local planning authorities to set their own planning fees (section 51) and impose a surcharge on planning fees (section 52). These changes are intended to increase the resources available to planning teams and statutory consultees, improving the speed and quality of decision making. They remain only partially in force – to be brought into full effect by future regulations. We await further detail, such as the level of national default planning fees that will apply in the absence of locally set fees. The government will consult on the detail of the planning fee surcharge.

Planning committees

Section 53 of the PIA empowers the Secretary of State to introduce mandatory training for planning committees and sub-committees, and section 54 introduces the "national scheme of delegation", both of which the government hopes will also speed up and improve the quality of decision making. As with localised planning fees and the planning surcharge, while the Secretary of State now has the power to make the necessary regulations bringing these provisions into effect, the regulations are still awaited.

Partially in force

Spatial development strategies

Section 58 of the PIA re-introduces sub-regional strategic planning in England, requiring strategic planning authorities to prepare spatial development strategies (SDSs). The Secretary of State now has the power to make regulations relating to SDSs, although SDSs themselves have not yet been brought into effect.

Once section 92 of the Levelling Up and Regeneration Act 2023 is brought into force, adopted SDSs will form part of the development plan. This is reflected in the proposed changes to national planning policy currently being consulted on (see here). In due course, SDSs will be the responsibility of strategic authorities which are being introduced by the English Devolution and Community Empowerment Bill. Until then, "strategic planning authorities" for the purposes of preparing SDSs will include combined authorities, combined county authorities, upper-tier county councils and unitary authorities. The Secretary of State can also make regulations requiring two or more principal authorities to form a "strategic planning board" to prepare an SDS for the strategy area – these regulations are also awaited.

Development corporations

To facilitate the delivery of large-scale new communities, Part 4 of the PIA enables all types of development corporations to deliver urban extensions and new towns on brownfield and greenfield sites; puts sustainable development, climate change and good design at the heart of delivery; and standardises the types of infrastructure that all development corporations can provide. Sections 100, 102 and 103 of the Act came into force on 18 February 2026, alongside subsections (6) to (9) of section 101 of the Act which govern the overlap of Mayoral development areas with other new town or urban development areas. The impact of this is that:

• any development corporation in England can now deliver large-scale development, whether as a new settlement or urban extension, and on brownfield or greenfield sites, regardless of the development corporation type (section 100); and
• all development corporations now have the same standardised objectives (section 102) and can provide a standardised list of infrastructure (section 103).

Sections 102 and 103 relating to overlapping areas and a duty of co-operation for transport authorities are not yet in force.

Infrastructure development

For an update on what is in force as regards infrastructure development, please contact us.

What next?

The government is aiming to complete its planning reforms this year and then move to a period of stability so that the focus can turn to delivery. To achieve this, they will need to publish the necessary regulations and remaining consultations without too much delay.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.