Section 58 of the Planning and Infrastructure Act 2025, which requires strategic planning authorities to prepare spatial development strategies, comes into force on 26 November under regulations made on Tuesday.
Two other provisions start sooner. Under regulation 2, paragraph 1 of Schedule 2 to the 2025 Act and section 58(3), so far as it relates to that paragraph, take effect on 4 November, the day after the regulations were made.
Regulation 4 brings section 39 of the English Devolution and Community Empowerment Act 2026 into force on the same day, so far as not already commenced.
The instrument is SI 2026/1157 (C. 98). It is the fifth set of commencement regulations under each Act, and was made by the Secretary of State for Housing, Communities and Local Government. Matthew Pennycook, minister of state, signed it.
Regulation 3 commences the remainder of section 58 and Schedule 2 to the 2025 Act on 26 November. Section 58 inserts a new Part 1A into the Planning and Compulsory Purchase Act 2004. That Part 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 the new Part 1A.
Paragraph 1 of Schedule 2, in force from 4 November, amends section 303A of the Town and Country Planning Act 1990. That section will then apply to the public examination of a spatial development strategy under section 12I or 12P(6)(a) of the 2004 Act.
Section 39 of the 2026 Act amends section 12G of the 2004 Act. The Secretary of State must make regulations prescribing the desirability of prioritising development on previously developed land. A strategic planning authority must have regard to that matter when preparing a draft spatial development strategy.
The regulations do not themselves prescribe that matter. They commence the duty to make regulations on it.
No full impact assessment was produced for the instrument, because no, or no significant, impact on the private, voluntary or public sector is foreseen. Impact assessments were prepared for each of the two Acts.
Earlier commencement under the 2025 Act began with sections 59 to 63 on 19 December 2025 under SI 2025/1370. Sections 1 and 2 and a large group of later provisions followed in February under the same instrument.
For the 2026 Act, earlier commencement regulations include SI 2026/812, SI 2026/656 and SI 2026/1127.
Section 12 of the 2026 Act is due to come into force on 13 November under SI 2026/1141. It removes the restriction under which precepts may be issued only in respect of mayoral functions.
Consequential precepts regulations (SI 2026/1118), made on 22 October and laid before Parliament on 23 October, amend the Combined Authorities (Finance) Order 2017 and the West of England Combined Authority Order 2017. They also take effect on 13 November.