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STATUTORY INSTRUMENTS
2026 No. 350
TOWN AND COUNTRY PLANNING, ENGLAND
The Planning and Compulsory Purchase Act 2004
(Local Planning) (Modification and Consequential
Amendments) (England) (Amendment) Regulations 2026
at 9.00 a.m. on 25th
Made - - - - March 2026
Laid before Parliament 26th March 2026
Coming into force - - 16th April 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by sections
15CB(9) and 15IA(4) of the Planning and Compulsory Purchase Act 2004(1).
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Planning and Compulsory Purchase Act
2004 (Local Planning) (Modification and Consequential Amendments) (England) (Amendment)
Regulations 2026.
(2) These Regulations come into force on 16th April 2026.
(3) These Regulations extend to England and Wales.
Amendment of the Planning and Compulsory Purchase Act 2004 (Local Planning)
(Modification and Consequential Amendments) (England) Regulations 2026
2. In the Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and
Consequential Amendments) (England) Regulations 2026(2), after regulation 7 (modifications in
relation to minerals and waste plans) insert—
(1) 2004 c. 5. Sections 15CB and 15IA of the Planning and Compulsory Purchase Act 2004 (“the Act”) were inserted by
Schedule 7 to the Levelling-up and Regeneration Act 2023 (c. 55). Section 122(1) of the Act provides that a power to prescribe
is a power to prescribe by regulations, exercisable by the Secretary of State in relation to England or the Welsh Ministers in
relation to Wales. Section 15IA(4) of the Act is applied in relation to a minerals and waste plan by section 15CB(8) of the Act
and has been modified in relation to a minerals and waste plan by S.I. 2026/170.
(2) S.I. 2026/170.Document Generated: 2026-04-17
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“Modifications to Part 2 of the Act: minerals and waste plans and joint minerals and
waste plan documents
7A.—(1) Part 2 of the Act, as it applies in relation to a minerals and waste plan in
accordance with section 15CB(8) of the Act and as it applies in relation to a joint minerals
and waste plan document in accordance with section 15IA(2) and (3) of the Act, as applied
by section 15CB(8) of the Act and modified by regulation 7, is modified in accordance with
the following provisions.
(2) Section 15G is to be read as if—
(a) for subsection (1), there were substituted—
“(1) Subject to subsection (1B), where a single document comes into effect
which is to be the entire new minerals and waste plan for a minerals and
waste planning authority’s relevant area, the authority must revoke every existing
minerals and waste plan document.
(1A) Subject to subsection (1B), where a document which is to form part of
a minerals and waste plan for a minerals and waste planning authority’s relevant
area—
(a) is to replace, in whole or in part, an existing minerals and waste plan
document for the authority’s relevant area, and
(b) comes into effect,
the authority must revoke the existing document to the extent that it is replaced
by the document that has come into effect.
(1B) Where a minerals and waste planning authority revoke a joint minerals
and waste plan document in accordance with subsection (1) or (1A), in whole
or in part, their revocation of the document has effect only in relation to their
relevant area.”;
(b) after subsection (2), there were inserted—
“(3) The Secretary of State—
(a) may revoke a joint minerals and waste plan document at the request of
the relevant authorities;
(b) may revoke a joint minerals and waste plan document for the relevant
area of a relevant authority at the request of that authority.
(4) In this section a “relevant authority” is a minerals and waste planning
authority that is a relevant authority in relation to a joint minerals and waste plan
document for the purposes of section 15IA.”
(3) Section 15IA is to be read as if, for subsection (3), there were substituted—
“(3) For the purposes of subsection (2), this Part has effect in accordance with
subsections (3A) to (3G).
(3A) Each of the relevant authorities must adopt a joint minerals and waste plan
document for it to be adopted for the purposes of section 15CA(7).
(3B) The relevant authorities are to act jointly under sections 15CA(3), 15D(1) and (2),
15DA(6), 15E(1) and (2) and 15GA(1), (2) and (4).
(3C) Anything else (not referred to in subsection (3A) or (3B)) which may or must be
done by a minerals and waste planning authority in connection with a minerals and waste
plan document is to be done in connection with a joint minerals and waste plan document
either—
(a) by each of the relevant authorities, or
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(b) by the relevant authorities acting jointly.
(3D) Section 15HA applies, in accordance with subsection (1)(a) of that section, if the
Secretary of State thinks that one or more relevant authorities are failing, as mentioned
there, in relation to a joint minerals and waste plan document, in which case—
(a) the power in subsection (2)(a) of that section to take over preparation of the
document may only be exercised in relation to all of the relevant authorities (and
may not be exercised in relation to only one or some of the relevant authorities);
(b) the power in subsection (2)(c) of that section to give directions may be exercised
in relation to one or more of the failing relevant authorities.
(3E) Where section 15HA applies, in accordance with subsection (1)(b) of that section,
by virtue of the Secretary of State thinking that a joint minerals and waste plan document
is, is going to be or may be unsatisfactory—
(a) the power in subsection (2)(a) of that section to take over preparation of the
document may only be exercised in relation to all of the relevant authorities (and
may not be exercised in relation to only one or some of the relevant authorities);
(b) the power in subsection (2)(c) of that section to give directions may be exercised
in relation to one or more of the relevant authorities.
(3F) Anything else (not referred to in subsection (3D) or (3E)) which may or must be
done in relation to a minerals and waste planning authority in connection with a minerals
and waste plan document is to be done only in relation to each of the relevant authorities in
connection with a joint minerals and waste plan document (and may not be done in relation
to only one or some of the relevant authorities).
(3G) Schedule A1 does not apply in relation to a joint minerals and waste plan
document.”.”.
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Matthew Pennycook
Minister of State
Ministry of Housing, Communities and Local
at 9.00 a.m. on 25th March 2026 Government
3Document Generated: 2026-04-17
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EXPLANATORY NOTE
(This note is not part of the Regulations)
Part 2 of the Planning and Compulsory Purchase Act 2004 (c. 5) (“the Act”), as amended by
Schedule 7 to the Levelling-up and Regeneration Act 2023 (c. 55), established a system of local
development planning in England.
Section 15CB of the Act makes provision for the preparation by a minerals and waste planning
authority of one or more documents which are to be known collectively as their “minerals and waste
plan”. Section 15CB(8) applies Part 2 of the Act in relation to a minerals and waste plan as it applies
in relation to a local plan, subject to the exceptions set out in subsection (10).
Part 3 of the Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and
Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170) (“the first instrument”)
modified Part 2 of the Act as it is applied in relation to a minerals and waste plan by section 15CB(8)
of the Act. Regulation 7(2)(l) to (n) modified sections 15I, 15IA and 15IB of the Act such that in
those provisions, references to a local plan (including within references to a joint local plan) are to
be read as references to a minerals and waste plan document (instead of being read as references to
a minerals and waste plan in accordance with section 15CB(8)(b) of the Act).
These Regulations (made in part in reliance on a power as modified by the first instrument) insert
a new regulation 7A into Part 3 of the first instrument.
The new regulation 7A modifies section 15G of the Act so that it is to be read, in relation to a minerals
and waste plan (including a joint minerals and waste plan document), as though:
(a) for subsection (1), there is substituted new subsections (1) to (1B) which make provision for the
revocation of minerals and waste plan documents by minerals and waste planning authorities;
(b) after subsection (2), there is inserted new subsections (3) and (4) which:
(i) make provision for the Secretary of State to revoke a joint minerals and waste plan
document at the request of minerals and waste planning authorities who are relevant
authorities in relation to that document for the purposes of section 15IA of the Act
(subsection (3)(a)), or to revoke a joint minerals and waste plan document for the relevant
area of a minerals and waste planning authority who are a relevant authority in relation to
that document for the purposes of section 15IA of the Act, at the request of that authority
(subsection (3)(b));
(ii) set out what is meant by the term “the relevant authorities” (subsection (4)).
Modifications are also made to section 15IA of the Act so that it is to be read, in relation to a joint
minerals and waste plan document, as though for subsection (3) there is substituted new subsections
(3) to (3G). These modifications set out how functions are to be exercised under Part 2 of the Act in
relation to a joint minerals and waste plan document, by the relevant authorities in relation to that
document for the purposes of section 15IA of the Act, and other persons.
A Regulatory Impact Assessment under the Better Regulation Framework has not been produced
for this instrument. The Regulatory Impact Assessment for the Levelling-up and Regeneration
Act 2023 provides analysis of the primary legislative measures from which the measures set
out in this instrument derive. Copies can be obtained at https://publications.parliament.uk/pa/
bills/cbill/58-03/0169/LevellingUpandRegenerationBillImpactAssessment.pdf or from the Ministry
of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P
4DF. The Annexes to that document can be obtained at https://publications.parliament.uk/pa/
4Document Generated: 2026-04-17
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
bills/cbill/58-03/0169/LevellingUpandRegenerationBillImpactAssessmentAnnexes.pdf or from the
Ministry of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P
4DF.
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