Legislation – The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026

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 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).

Section 15I of the Act makes provision for the preparation of a joint local plan by two or more local planning authorities. Section 15IA(2) of the Act sets out that Part 2 applies for the purposes of any step which may be, or is required to be, taken in relation to the joint local plan as it applies for the purpose of any step which may be, or is required to be, taken in relation to a local plan. Section 15IA(3) of the Act sets out that for the purposes of subsection (2) anything which must be done by or in relation to a local planning authority in connection with a local plan must be done by or in relation to each of the local planning authorities who are to prepare a joint local plan in connection with the joint local plan.

Section 15IC of the Act makes provision for the preparation of a joint supplementary plan by two or more local planning authorities or two or more minerals and waste planning authorities. Section 15IC(3) sets out that Part 2 applies for the purposes of any step which may be, or is required to be, taken in relation to the joint supplementary plan as it applies for the purposes of any step which may be, or is required to be, taken in relation to a supplementary plan. Section 15IC(4) sets out that for the purposes of subsection (3) anything which must be done by or in relation to a local planning authority or a minerals and waste planning authority in connection with a supplementary plan must be done by or in relation to each of the authorities who are to prepare a joint supplementary plan in connection with the joint supplementary plan.

Part 2 of the Regulations modifies Part 2 of the Act as it applies in relation to a joint local plan in accordance with section 15IA(2) and (3) of the Act (regulations 2, 3 and 6) and as it applies in relation to a joint supplementary plan in accordance with section 15IC(3) and (4) of the Act (regulations 4, 5 and 6).

Regulation 2 sets out that regulations 3 and 6 do not have effect in relation to Part 2 of the Act as it applies in relation to a minerals and waste plan (including a joint minerals and waste plan document) in accordance with section 15CB(8) of the Act and Part 3 of the Regulations.

Regulation 3 modifies section 15IA of the Act so that it is to be read, in relation to a joint local plan, 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 local plan by local planning authorities who are relevant authorities in relation to a joint local plan for the purposes of section 15IA of the Act and other persons.

Regulation 5 modifies section 15IC of the Act so that it is to be read as though for subsection (4) there is substituted new subsections (4) to (4E). These modifications set out how functions are to be exercised under Part 2 of the Act in relation to a joint supplementary plan by local planning authorities or (as the case may be) minerals and waste planning authorities who are relevant authorities in relation to a joint supplementary plan for the purposes of section 15IC of the Act and other persons.

Regulation 6 modifies section 15G of the Act so that it is to be read as though:

1. (a)

   in relation to a joint local plan, for subsection (1) there is substituted a new subsection (1) which makes provision for the automatic revocation of joint local plans, including allowing for joint local plans to be automatically revoked only in relation to the area of one or some of the local planning authorities who are a relevant authority in relation to that plan for the purposes of section 15IA of the Act (regulation 6(a));

2. (b)

   after subsection (2) there is inserted a new subsections (3) and (4) which:

   1. (i)

      make provision for the Secretary of State to revoke a joint local plan, so far as it relates to the area of one of the local planning authorities who are a relevant authority in relation to that plan for the purposes of section 15IA of the Act, at the request of that authority (subsection (3)(a)) (regulation 6(b));

   2. (ii)

      make provision for the Secretary of State to revoke a joint supplementary plan, at the request of one of the local planning authorities or (as the case may be) minerals and waste planning authorities who are a relevant authority in relation to that plan for the purposes of section 15IC of the Act. The Secretary of State may only revoke the joint supplementary plan so far as it relates to the area of the authority who made the request or one or more specific sites in their area (subsection (3)(b) (regulation 6(b));

   3. (iii)

      in relation to a joint local plan and a joint supplementary plan, sets out what is meant by the term “the relevant authorities” (subsection (4)) (regulation 6(b)).

Part 3 of the Regulations modifies Part 2 of the Act as applied in relation to a minerals and waste plan in accordance with section 15CB(8) of the Act.

Regulation 7 modifies specified provisions in Part 2 of the Act so that references in those provisions 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), and makes other associated modifications. These modifications reflect the fact that minerals and waste plans may be formed of one or more documents in accordance with section 15CB(1) of the Act. Regulation 7(5) makes provision for section 15LH of the Act to be read as though a definition of “joint minerals and waste plan document” and “minerals and waste plan document” is inserted.

Part 4 of the Regulations makes amendments to various pieces of secondary legislation consequential on the coming into force of Schedule 7 to the Levelling-up and Regeneration Act 2023.

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/bills/cbill/58-03/0169/LevellingUpandRegenerationBillImpactAssessmentAnnexes.pdf or from the Ministry of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF.