SI 2026/1157 - The Planning and Infrastructure Act 2025 (Commencement No. 5) and English Devolution and Community Empowerment Act 2026 (Commencement No. 5) Regulations 2026

S TAT U T O R Y I N S T R U M E N T S 2026 No. 1157 (C. 98) TOWN AND COUNTRY PLANNING, ENGLAND The Planning and Infrastructure Act 2025 (Commencement No.

5) and English Devolution and Community Empowerment Act 2026 (Commencement No. 5) Regulations 2026 Made - - - - 3rd November 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by section 118(2)(g) and (8) of the Planning and Infrastructure Act 2025(a) and section 108(6) and (8) of the English Devolution and Community Empowerment Act 2026(b).

Citation and interpretation

1.—(1) These Regulations may be cited as the Planning and Infrastructure Act 2025 (Commencement No. 5) and English Devolution and Community Empowerment Act 2026 (Commencement No. 5) Regulations 2026.

(2) In these Regulations— “the 2025 Act” means the Planning and Infrastructure Act 2025; “the 2026 Act” means the English Devolution and Community Empowerment Act 2026.

Provisions of the 2025 Act coming into force on the day after the day on which these Regulations are made

2. The following provisions of the 2025 Act come into force on the day after the day on which these Regulations are made—

(a) section 58(3) (spatial development strategies), so far as it relates to the provision of Schedule 2 brought into force by paragraph (b);

(b) paragraph 1 of Schedule 2 (section 58: minor and consequential amendments).

Provisions of the 2025 Act coming into force on 26th November 2026

3. The following provisions of the 2025 Act, so far as not already commenced, come into force on 26th November 2026—

(a) section 58 (spatial development strategies);

(b) Schedule 2 (section 58: minor and consequential amendments).

(a) 2025 c. 34.

(b) 2026 c. 23.Provision of the 2026 Act coming into force on the day after the day on which these Regulations are made

4. Section 39 of the English Devolution and Community Empowerment Act 2026 (prioritisation of development of brownfield land), so far as not already commenced, comes into force on the day after the day on which these Regulations are made.

Signed by authority of the Secretary of State for Housing, Communities and Local Government Matthew Pennycook Minister of State 3rd November 2026 Ministry of Housing, Communities and Local Government EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations are the fifth commencement regulations made under the Planning and Infrastructure Act 2025 (c. 34) (“the 2025 Act”) and the fifth commencement regulations made under the English Devolution and Community Empowerment Act 2026 (c. 23) (“the 2026 Act”).

These Regulations bring into force provisions relating to spatial development strategies.

Regulation 2 brings into force on the day after the day on which these Regulations are made paragraph 1 of Schedule 2 to the 2025 Act. Paragraph 1 amends section 303A of the Town and Country Planning Act 1990 so that it applies to the public examination of a spatial development strategy under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004 (c.

5) (“the 2004 Act”).

Regulation 3 brings into force on 26th November 2026 the remainder of section 58 of, and Schedule 2 to, the 2025 Act. Section 58 inserts new Part 1A into the 2004 Act. New Part 1A of the 2004 Act 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 new Part 1A of the 2004 Act.

Regulation 4 brings into force on the day after the day on which these Regulations are made

section 39 of the 2026 Act. Section 39 amends section 12G of the 2004 Act to require the Secretary of State to make regulations prescribing the desirability of prioritising development on land that has been previously developed as a matter to which a strategic planning authority must have regard when preparing a draft spatial development strategy.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An impact assessment was prepared for the 2025 Act and can be found at https://bills.parliamen (cid:0) t.uk/bills/3946/publications and can be inspected at the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.

An impact assessment was prepared for the 2026 Act and can be found at https://bills.parliamen (cid:0) t.uk/bills/4002/publications and can be inspected at the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.

2NOTE AS TO EARLIER COMMENCEMENT REGULATIONS (This note is not part of the Regulations) The following provisions of the Planning and Infrastructure Act 2025 have been brought into force by commencement Regulations made before the date of these Regulations.

Provision Date of Commencement S.I. No.

Sections 1 and 2 18.02.2026 2025/1370 Sections 4 to 9 24.07.2026 2026/641

Section 11 24.07.2026 2026/641

Section 13 18.02.2026 2025/1370

Section 33 01.09.2026 2026/641

Section 36 01.09.2026 2026/641

Section 49 13.03.2026 2026/292

Section 54(2) 31.10.2026 2026/641

Section 57 17.06.2026 2026/641 Sections 59 to 63 19.12.2025 2025/1370

Section 64 (partially) 19.12.2025 2025/1370

Section 64 (remainder) 18.02.2026 2025/1370 Sections 65 to 81 18.02.2026 2025/1370

Section 82 19.12.2025 2025/1370 Sections 83 to 90 18.02.2026 2025/1370

Section 91 01.04.2026 2025/1370 Sections 92 and 93 18.02.2026 2025/1370 Sections 94 and 95 19.12.2025 2025/1370

Section 96 18.02.2026 2025/1370

Section 97 19.12.2025 2025/1370

Section 98 18.02.2026 2025/1370

Section 99 19.12.2025 2025/1370

Section 100 18.02.2026 2025/1370

Section 101 (partially) 18.02.2026 2025/1370 Sections 102 and 103 18.02.2026 2025/1370

Section 104 17.06.2026 2026/641

Section 106 (partially) 19.12.2025 2025/1370

Section 106 (partially) 18.02.2026 2025/1370

Section 108 (partially) 19.12.2025 2025/1370

Section 108 (partially) 18.02.2026 2025/1370

Section 109 (partially) 19.12.2025 2025/1370

Section 109 (partially) 18.02.2026 2025/1370

Section 113 (partially) 19.12.2025 2025/1370

Section 113 (partially) 18.02.2026 2025/1370 Schedules 3 and 4 18.02.2026 2025/1370 In Schedule 5— Part 1 (partially) 21.05.2026 2026/549 Part 2 18.02.2026 2025/1370 NOTE AS TO EARLIER COMMENCEMENT REGULATIONS (This note is not part of the Regulations) The following provisions of the English Devolution and Community Empowerment Act 2026 have been brought into force by commencement regulations made before the date of these Regulations.

Provision Date of Commencement S.I. No.

Section 12 13.11.2026 2026/1141

Section 26 (partially) 29.10.2026 2026/1127

Section 43 15.07.2026 2026/812

Section 63 (partially) 18.06.2026 2026/656

Section 89 15.07.2026 2026/812 3Section 94 (partially) 15.07.2026 2026/812 Sections 96 to 98 15.07.2026 2026/812 In Schedule 9— paragraphs 1 (partially) and 2 29.10.2026 2026/1127 In Schedule 30— paragraphs 12 to 19 18.06.2026 2026/656 Schedule 34 (partially) 15.07.2026 2026/812 © Crown Copyright 2026 Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Saul Nassé, Controller of His Majesty’s Stationery Office and King’s Printer of Acts of Parliament.

£6.40

http://www.legislation.gov.uk/id/uksi/2026/1157