Legislation – The Levelling-up and Regeneration Act 2023 (Commencement No. 9) and Planning and Infrastructure Act 2025 (Commencement No. 1 and Transitional Provisions) Regulations 2025

These Regulations bring into force provisions in the Levelling-up and Regeneration Act 2023 (“the 2023 Act”) and the Planning and Infrastructure Act 2025 (“the 2025 Act”).

Regulation 2 brings sections 183, 184, paragraphs 2 to 7 of Schedule 18 and Paragraph 3 of Schedule 19 to the 2023 Act into force on 18th February 2026. These provisions amend the Acquisition of Land Act 1981 (“the ALA 1981”) insofar as it relates to compulsory purchase orders (“CPOs”) subject to confirmation by a confirming authority other than the Welsh Ministers, or prepared in draft by a Minister other than a Welsh Minister. It gives authorities responsible for authorising a CPO the ability to authorise that CPO subject to conditions before the powers under the relevant CPO can be exercised.

Regulation 3(1) brings sections 106, 108, 109 and 113(3) and (4) of the 2025 Act into force on the day after the day on which these Regulations are made as far as they relate to a power to make regulations. Section 106 simplifies the information relating to the description of land required to be included in notices that are required to be published in a newspaper as part of the CPO process. Section 108 amends the Compulsory Purchase (Vesting Declarations) Act 1981 (“the CPVDA 1981”) and introduces processes for the earlier vesting of land in acquiring authorities under the general vesting declaration procedure where the land is unoccupied or where the acquiring authority cannot identify anyone with an interest in the land. Section 109 amends the CPVDA 1981 and introduces a process for the earlier vesting of land under the general vesting declaration procedure by agreement. Section 113(3) and (4) enable acquiring authorities using the power in section 125 of the Local Government Act 1972 (compulsory acquisition of land on behalf of parish or community councils) to include in their CPOs directions that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored).

Regulation 3(2) brings into force on the day after the day on which these Regulations are made provisions in Part 3 of the 2025 Act to allow Natural England to begin preparation of an environmental delivery plan (“EDP”).

Regulation 3(2)(a) to (e) brings into force sections 59 to 63 of the 2025 Act which make provision about what an EDP is and the required contents.

Regulation 3(2)(f) brings into force 64(1) which requires Natural England to notify the Secretary of State when it decide to prepare an EDP and publish that notification.

Regulation 3(2)(g) brings into force section 82 which makes provision for Natural England’s functions in administrating, implementing and monitoring EDPs.

Regulation 3(2)(h) brings into force section 94 which makes provision for general duties to be imposed on Natural England and the Secretary of State when exercising functions relating to EDPs.

Regulation 3(2)(i) brings into force section 95 which imposes a duty on public authorities to co-operate with Natural England and give it such reasonable assistance as it requests in connection with the preparation or implementation of an EDP.

Regulation 3(2)(j) brings into force section 97 which makes provision for the creation of statutory instruments containing nature restoration levy regulations.

Regulation 3(2)(k) brings into force section 99 which makes provision for how certain terms should be interpreted.

Regulation 4 brings into force on 18th February 2026 a number of provisions of the 2025 Act.

Regulation 4(1)(a), (b) and (c) bring into force sections 1, 2 and 13. Section 1 establishes a new requirement for National Policy Statements (“NPSs”) to be subject to a full review and updated at least every five years through amendments to the Planning Act 2008 (“the PA 2008”). Section 2 amends sections 6 and 9 of the PA 2008 to provide an additional parliamentary procedure for making material policy amendments to NPSs where proposed amendments fall into the definition set out at new subsection (9)(11) of the PA 2008. Section 13 changes the process for judicial review of NPSs and development consent decisions made by the Secretary of State for Nationally Significant Infrastructure Projects.

Regulation 4(1)(d), (e), (f) and (g) bring into force sections 100, 101(6) to (9), 102 and 103. Section 100 amends the Local Government, Planning and Land Act 1980 (“the LGPLA 1980”), the New Towns Act 1981 (“the NTA 1981”), and the Localism Act 2011 (“the LA 2011”) to provide greater clarity and flexibility for development corporations. Section 101 clarifies the relationship between different types of development corporation so that any area of overlap in proposed new corporations will be resolved in favour of the higher-tier authority. Section 102 amends the NA 1981, the LGPLA 1980, and the LA 2011 to provide for the standardisation of objectives on sustainable development, climate change, and good design across all development corporation types. Section 103 standardises the list of infrastructure that can be provided by all development corporation types to equalise it with existing Mayoral Development Corporations.

Regulation 4(1)(h), (i), (j) and (k) bring into force section 106, in relation to CPOs subject to confirmation by a confirming authority other than the Welsh Ministers, or prepared in draft by a Minister other than a Welsh Minister, so far as it is not already in force; and sections 108, 109 and 113(3) and (4), in relation to England, so far as they are not already in force.

Regulation 4(1)(l) brings into force the remaining provisions of Part 3 of the Act, except for those brought into force by regulations 3 and 5.

Regulation 5 brings into force section 91 of the 2025 Act on 1st April 2026. This section requires Natural England to publish a report for each financial year on the exercise of its functions under Part 3 of the 2025 Act.

Regulation 6 contains transitional provisions relating to compulsory purchase.

Regulation 6(1) contains a transitional provision relating to the amendments made by paragraphs 2 to 7 of Schedule 18 to the 2023 Act such that those amendments do not apply to compulsory purchase orders where either the notice of the making of the order is first published or the notice of the preparation in draft of the order is first published is on a date before those amendments come into force.

Regulation 6(3) contains a transitional provision relating to the amendments made by section 108 of the 2025 Act such that those amendments do not apply to compulsory acquisitions authorised before that section comes into force.

An impact assessment has been produced in relation to the 2023 Act and copies can be obtained at https://bills.parliament.uk/bills/3155/publications or from the Ministry of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF. An impact assessment has been produced in relation to the 2025 Act and copies can be obtained at
https://publications.parliament.uk/pa/bills/cbill/59-01/0196/IA_annexes.pdf or from the Ministry of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF, United Kingdom.