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

• Citation: S.I. 2026/170
• Sections: 27

Section 1 Citation, commencement, extent and interpretation

(1) These Regulations may be cited as the Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026.

(2) These Regulations come into force on 25th March 2026.

(3) This regulation and regulations 2 to 7 extend to England and Wales.

(4) Any amendment made by these Regulations has the same extent as the provision amended.

(5) In these Regulations—

“ the Act ” means the Planning and Compulsory Purchase Act 2004;

“ minerals and waste plan document ” means a document which is or forms part of a minerals and waste plan .

Section 2 Modifications to Part 2 of the Act: joint local plans

(1) 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, is modified in accordance with regulations 3 and 6 .

(2) Paragraph (1) and 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 these Regulations.

Section 3 Modification to section 15IA(3) (joint local plans: application of Part)

Section 15IA of the Act 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 local plan 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 local planning authority in connection with a local plan is to be done in connection with a joint local plan either—

(a) by each of the relevant authorities, or

(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 local plan, in which case—

(a) the power in subsection (2)(a) of that section to take over preparation of the plan 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 local plan 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 plan 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 local planning authority in connection with a local plan is to be done only in relation to each of the relevant authorities in connection with a joint local plan (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 local plan.

Section 4 Modifications to Part 2 of the Act: joint supplementary plans

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

Section 5 Modification to section 15IC (joint supplementary plans by agreement)

Section 15IC of the Act is to be read as if, for subsection (4), there were substituted—

(4) For the purposes of subsection (3), this Part has effect in accordance with subsections (4A) to (4E).

(4A) Each of the relevant authorities must adopt a joint supplementary plan for it to be adopted for the purposes of section 15CC(13).

(4B) The relevant authorities must act jointly to comply with section 15DB(1) and (4).

(4C) Anything else (not referred to in subsection (4A) or (4B)) which may or must be done by a local planning authority or (as the case may be) a minerals and waste planning authority in connection with a supplementary plan is to be done in connection with a joint supplementary plan either—

(a) by each of the relevant authorities, or

(b) by the relevant authorities acting jointly.

(4D) Where section 15HA applies, in accordance with subsection (1)(b) of that section, by virtue of the Secretary of State thinking that a joint supplementary plan 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 plan 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.

(4E) Anything else (not referred to in subsection (4D)) which may or must be done in relation to a local planning authority or (as the case may be) a minerals and waste planning authority in connection with a supplementary plan is to be done only in relation to each of the relevant authorities in connection with a joint supplementary plan.

Section 6 Modifications to section 15G (revocation of local plans and supplementary plans)

Section 15G of the Act is to be read as if—

(a) for subsection (1), there were substituted—

(1) A joint local plan (“the first plan”)—

(a) where a new joint local plan comes into effect and all of the relevant authorities in relation to the first plan are relevant authorities in relation to the new joint local plan, is revoked in its entirety;

(b) where a new joint local plan comes into effect and one or more of the relevant authorities in relation to the first plan are relevant authorities in relation to the new joint local plan, is revoked only in relation to the area of an authority that is a relevant authority in relation to the new joint local plan;

(c) where a new local plan which is not a joint local plan is adopted or approved under this Part for the area of a relevant authority in relation to the first plan, is revoked only in relation to that area.

(b) after subsection (2), there were inserted—

(3) The Secretary of State—

(a) may revoke a joint local plan so far as it relates to the area of one of the relevant authorities, at the request of that authority;

(b) may revoke a joint supplementary plan so far as it relates to the area of one of the relevant authorities or one or more specific sites in their area, at the request of that authority.

(4) In this section “relevant authorities” are—

(a) in relation to a joint local plan, the local planning authorities that are the relevant authorities in relation to that plan for the purposes of section 15IA;

(b) in relation to a joint supplementary plan, the local planning authorities or (as the case may be) the minerals and waste planning authorities that are the relevant authorities in relation to that plan for the purposes of section 15IC.

Section 7 Modifications to Part 2 of the Act: minerals and waste plans

(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, is modified in accordance with the following provisions.

(2) In the following provisions of the Act, 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)—

(a) section 15CA;

(b) section 15D;

(c) section 15DA;

(d) section 15E;

(e) section 15EA;

(f) section 15G(2)(a);

(g) section 15GA(1), (2) and (7);

(h) section 15H;

(i) section 15HA;

(j) section 15HC;

(k) section 15HE;

(l) section 15I, except subsection (4);

(m) section 15IA;

(n) section 15IB;

(o) Schedule A1.

(3) Section 15GA is to be read as if, in subsection (4)(b), for “their local plan” in the second place those words occur, there were substituted “one or more of their minerals and waste plan documents” .

(4) Section 15I is to be read as if, for subsection (4), there were substituted—

(4) The Secretary of State may give such a direction to a minerals and waste planning authority whether or not the authority’s minerals and waste plan timetable specifies that the authority are to prepare a joint minerals and waste plan document.

(5) Section 15LH is to be read as if, in subsection (3)—

(a) after the definition of “joint local plan direction”, there were inserted—

“ joint minerals and waste plan document ” must be construed in accordance with section 15I(1), as modified by the Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026;

(b) after the definition of “minerals and waste plan”, there were inserted—

“ minerals and waste plan document ” means a document which is or forms part of a minerals and waste plan;

Section 8 Amendment of the Planning (Listed Buildings and Conservation Areas) Regulations 1990

(1) The Planning (Listed Buildings and Conservation Areas) Regulations 1990 are amended as follows.

(2) In regulation 2(1)—

(a) after the definition of “electronic communications” , omit “and” and insert—

“ local plan ” and “ local planning authority ” have the meanings given in section 15LH of the Planning and Compulsory Purchase Act 2004;

“ minerals and waste plan ” has the meaning given in section 15LH of the Planning and Compulsory Purchase Act 2004;

(b) at the end of the definition of “public holiday” , insert “; and” ;

(c) after the definition of “public holiday” , insert—

“ supplementary plan ” has the meaning given in section 15LH of the Planning and Compulsory Purchase Act 2004.

(3) In regulation 3A(3)(a), for “relevant local development documents” substitute “any relevant document which is to be or form part of a minerals and waste plan, local plan, or supplementary plan, prepared by local planning authorities, minerals and waste planning authorities or the Mayor of London,” .

Section 9 Amendment of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000

(1) The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 are amended as follows.

(2) In regulation 4—

(a) in paragraph (3)(ca)—

(i) for “section 20 (independent examination)” substitute “section 15D (independent examination: local plans)” ;

(ii) for “development plan document” substitute “document which is to be or form part of a minerals and waste plan, a local plan or a supplementary plan” ;

(b) in paragraph (4)(a)(ia)—

(i) for “section 20” substitute “section 15D” ;

(ii) for “development plan document” substitute “document which is to be or form part of a minerals and waste plan, a local plan or a supplementary plan” ;

(c) in paragraph (4A), for “sections 28 to 31 (joint local development documents and joint committees)” substitute “sections 15I to 15JB (joint plans and joint committees)” ;

(d) in paragraph (4C)—

(i) in sub-paragraph (a), for “one or more joint development plan documents” substitute “one or more joint local plans, one or more joint documents which are to be or form part of a minerals and waste plan, or one or more joint supplementary plans” ;

(ii) in sub-paragraph (c), for “the subject of an order under section 29 of the 2004 Act or an earlier agreement under section 30 of the 2004 Act” substitute “the subject of—

(i) an order under section 29 of the 2004 Act;

(ii) an earlier agreement under section 30 of the 2004 Act;

(iii) regulations made under section 15J of the 2004 Act; or

(iv) an earlier agreement under section 15JA of the 2004 Act”;

(iii) in sub-paragraph (d), after “an order” insert “or regulations” .

(3) In Schedule 3—

(a) in column (1), for “Development plan documents” substitute “Documents which are to be or form part of minerals and waste plans, local plans and supplementary plans” ;

(b) in column (2), for “Section 15” substitute “Part 2” ;

(c) in column (1), omit “Plans and alterations which together comprise the Development Plan”;

(d) in column (2), omit the entries relating to the words omitted by sub-paragraph (c).

Section 10 Amendment of the Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008

(1) The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 are amended as follows.

(2) In regulation 18, in the definition of “joint committee”, for “an order under section 29(2)” substitute “regulations made under section 15J(2), or treated as established by regulations made under section 15J,” .

(3) In regulation 19—

(a) for the heading substitute “Plans” ;

(b) for paragraph (1), substitute—

(1) Any of the following documents or plans adopted by a predecessor council, or approved under the 2004 Act, before the reorganisation date, have effect on and after that date as if it had been adopted by that council’s related planning successor, or approved for such part of its area as corresponds to the area to which the document or plan relates—

(a) a document which is to be or form part of a minerals and waste plan;

(b) a local development document;

(c) a local plan;

(d) a supplementary plan.

(c) in paragraph (3), after “document” insert “or plan” ;

(d) in paragraph (4), for “local development document under section 23” substitute “local plan and the document or documents which are to form their minerals and waste plan under section 15EA” ;

(e) in paragraph (5)—

(i) for “adoption of a document” substitute “adoption of a plan and adoption of a document or documents” ;

(ii) after “replace a document” insert “or plan” ;

(f) in paragraph (6)—

(i) after “replacing a document” insert “or plan” ;

(ii) for “a document which was prepared” substitute “a document or plan which was prepared” ;

(g) in paragraph (7)—

(i) in sub-paragraph (a), after “local development document under section 23 of the 2004 Act” insert “, a document which is to be or form part of a minerals and waste plan, a local plan or a supplementary plan under section 15EA of the 2004 Act” ;

(ii) in sub-paragraph (b), after “adopted such a document” insert “or plan” ;

(iii) in the words after sub-paragraph (b), after “prepare and adopt such a document” insert “or plan” .

(4) In regulation 24—

(a) in paragraph (1), for “An order under section 29” substitute “Regulations made under section 15J, or an order treated as made under section 15J,” ;

(b) in paragraph (2)—

(i) for “section 29” substitute “section 15J” ;

(ii) for “subsection (9)” substitute “subsection (11)” ;

(c) in paragraph (5)(a)—

(i) for “section 29(1)” substitute “section 15J(1)” ;

(ii) for “order under that section gives” substitute “regulations under that section give” ;

(d) in paragraph (6)—

(i) for “the order under section 29” substitute “the regulations made under section 15J of the 2004 Act, or treated as made under that section,” ;

(ii) for “section 29 of the 2004 Act” substitute “section 15J” ;

(iii) in sub-paragraph (a), for “subsection (5)” substitute “subsection (6)” ;

(iv) in sub-paragraph (b), for “subsection (5)(a)” substitute “subsection (6)(a)” .

Section 11 Amendment of the Community Infrastructure Levy Regulations 2010

In regulation 22 of the Community Infrastructure Levy Regulations 2010 —

(a) in paragraph (2)(a)—

(i) for “development plan document” substitute “local plan or supplementary plan” ;

(ii) for “section 20 of PCPA 2004 (independent examination)” substitute “section 15D or section 15DB of PCPA 2004” ;

(b) in paragraph (7), for “one development plan document” substitute “one local plan, one supplementary plan” .

Section 12 Amendment of the Local Authorities (Committee System) (England) Regulations 2012

(1) The Local Authorities (Committee System) (England) Regulations 2012 are amended as follows.

(2) In regulation 3—

(a) in paragraph (9), after “varying” insert “, revising” ;

(b) in paragraph (10), after “variation” insert “, revision” .

(3) In the Schedule—

(a) in column (1), for “Development plan documents” substitute “Documents which are to be or form part of minerals and waste plans, local plans and supplementary plans” ;

(b) in column (2), for “Section 15” substitute “Part 2” ;

(c) in column (1), omit “Plans and alterations which together comprise the Development Plan”;

(d) in column (2), omit the entry relating to the words omitted by sub-paragraph (c).

Section 13 Amendment of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013

(1) The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013 is amended as follows.

(2) In article 2(1)—

(a) after the definition of “listed building consent”, insert—

“ local plan ” and “ local planning authority ” have the meanings given in section 15LH of the Planning and Compulsory Purchase Act 2004;

(b) after the definition of “major development”, insert—

“ minerals and waste plan ” has the meaning given in section 15LH of the Planning and Compulsory Purchase Act 2004;

(c) after the definition of “school or institution within the further education sector”, insert—

“ supplementary plan ” has the meaning given in section 15LH of the Planning and Compulsory Purchase Act 2004;

(3) In article 7(2)(c), after “local development documents” insert “, documents which are to be or form part of minerals and waste plans, local plans or supplementary plans prepared by local planning authorities, minerals and waste planning authorities or the Mayor of London” .

(4) In article 31(2)(a), after “local development documents” insert “, documents which are to be or form part of minerals and waste plans, local plans or supplementary plans prepared by local planning authorities, minerals and waste planning authorities or the Mayor of London” .

Section 14 Amendment of the Town and Country Planning (Isles of Scilly) Order 2013

(1) The Town and Country Planning (Isles of Scilly) Order 2013 is amended as follows.

(2) In article 4—

(a) after “Part 2” insert “and section 39A” ;

(b) after “mineral planning authority” insert “or a minerals and waste planning authority” .

(3) In Schedule 2, in paragraphs 1 and 4, after “mineral planning authority” insert “or a minerals and waste planning authority” .

Section 15 Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015

(1) The Town and Country Planning (Development Management Procedure) (England) Order 2015 is amended as follows.

(2) In article 2(1)—

(a) after the definition of “listed building”, insert—

“ local plan ” and “ local planning authority ” have the meanings given in section 15LH of the Planning and Compulsory Purchase Act 2004;

(b) after the definition of “major development” , insert—

“ minerals and waste plan ” has the meaning given in section 15LH of the Planning and Compulsory Purchase Act 2004;

(c) after the definition of “strategic highways company” , insert—

“ supplementary plan ” has the meaning given in section 15LH of the Planning and Compulsory Purchase Act 2004;

(3) In article 9(3)(c), after “local development documents” insert “, documents which are to be or form part of minerals and waste plans, local plans or supplementary plans prepared by local planning authorities, minerals and waste planning authorities or the Mayor of London” .

Section 16 Amendment of the Greater Manchester Combined Authority (Functions and Amendment) Order 2016

(1) The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 is amended as follows.

(2) Omit article 4(5).

(3) Omit Part 2 of Schedule 1.

Section 17 Amendment of the West of England Combined Authority Order 2017

(1) The West of England Combined Authority Order 2017 is amended as follows.

(2) Omit article 11(5).

(3) In article 14(6)—

(a) after sub-paragraph (g), insert “and” ;

(b) omit sub-paragraph (h) and the “and” after it.

(4) Omit Part 2 of Schedule 2.

Section 18 Amendment of the Tees Valley Combined Authority (Functions) Order 2017

In article 4(7) of the Tees Valley Combined Authority (Functions) Order 2017 —

(a) after sub-paragraph (g), insert “and” ;

(b) omit sub-paragraph (h) and the “and” after it.

Section 19 Amendment of the Town and Country Planning (Brownfield Land Register) Regulations 2017

In regulation 4(2) of the Town and Country Planning (Brownfield Land Register) Regulations 2017 , in the definition of “suitable for residential development”, after “local development plan document” insert “, local plan or supplementary plan” .

Section 20 Amendment of the Liverpool City Region Combined Authority (Functions and Amendment) Order 2017

(1) The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 is amended as follows.

(2) Omit article 4(5).

(3) In article 11(7)—

(a) after sub-paragraph (g), insert “and” ;

(b) omit sub-paragraph (h) and the “and” after it.

(4) Omit Part 2 of Schedule 1.

Section 21 Amendment of the West Midlands Combined Authority (Functions and Amendment) Order 2017

In article 13(6) of the West Midlands Combined Authority (Functions and Amendment) Order 2017 —

(a) after sub-paragraph (g), insert “and” ;

(b) omit sub-paragraph (h) and the “and” after it.

Section 22 Amendment of the Greater Manchester Combined Authority (Functions and Amendment) Order 2017

In article 4(6) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2017 —

(a) after sub-paragraph (g), insert “and” ;

(b) omit sub-paragraph (h) and the “and” after it.

Section 23 Amendment of the New Towns Act 1981 (Local Authority Oversight) Regulations 2018

In paragraph 4 of Schedule 1 of the New Towns Act 1981 (Local Authority Oversight) Regulations 2018 , for the text to be substituted for section 7(2)(a) substitute—

(a) adopt them as a local development document (within the meaning of section 17 of the Planning and Compulsory Purchase Act 2004), a document which is to be or form part of a minerals and waste plan, a local plan or a supplementary plan (within the meaning of section 15LH of the Planning and Compulsory Purchase Act 2004);

Section 24 Amendment of the Local Government (Boundary Changes) Regulations 2018

(1) The Local Government (Boundary Changes) Regulations 2018 are amended as follows.

(2) In regulation 25, in the definition of “joint committee” , for “an order under section 29(2)” substitute “regulations made under section 15J(2), or treated as established by regulations made under section 15J,” .

(3) In regulation 26—

(a) for the heading substitute “Plans” ;

(b) for paragraph (1), substitute—

(1) Any of the following documents or plans adopted by a predecessor council, or approved under the 2004 Act, before the reorganisation date have effect on and after that date as if it had been adopted by the successor council, or approved for such part of its area as corresponds to the area to which the document or plan relates—

(a) a document which is to be or form part of a minerals and waste plan;

(b) a local development document;

(c) a local plan;

(d) a supplementary plan.

(c) in paragraph (2), after “document” insert “or plan” ;

(d) in paragraph (3), for “local development document under section 23” substitute “local plan and the document or documents which are to form their minerals and waste plan under section 15EA” ;

(e) in paragraph (4)—

(i) for “adoption of a document” substitute “adoption of a plan and adoption of a document or documents” ;

(ii) after “revise or replace a document” insert “or plan” ;

(f) in paragraph (5)—

(i) after “replacing a document” insert “or plan” ;

(ii) for “a document which” substitute “a document or plan which” ;

(g) in paragraph (6)—

(i) in sub-paragraph (a), after “section 23 of the 2004 Act” insert “, a local plan, a supplementary plan or a document which is to be or form part of a minerals and waste plan under section 15EA of the 2004 Act” ;

(ii) in sub-paragraph (b), after “document” insert “or plan” ;

(iii) for “prepare and adopt such a document” substitute “prepare and adopt such a document or a plan” .

(4) In regulation 27—

(a) for the heading substitute “Continuity relevant to joint committees” ;

(b) in paragraph (1), for “An order under section 29” substitute “Regulations made under section 15J, or an order treated as made under section 15J,” ;

(c) in paragraph (2), for “section 29(9)” substitute “section 15J(11)” ;

(d) in paragraph (5)(a)—

(i) for “section 29(1)” substitute “section 15J(1)” ;

(ii) for “order under that section gives” substitute “regulations under that section give” ;

(e) in paragraph (6)—

(i) after “the order under section 29” insert “or the regulations made under section 15J of the 2004 Act” ;

(ii) for “section 29 of the 2004 Act” substitute “section 15J” ;

(iii) in sub-paragraph (a), for “subsection (5)” substitute “subsection (6)” ;

(iv) in sub-paragraph (b), for “subsection (5)(a)” substitute “subsection (6)(a)” .

Section 25 Amendment of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020

In article 12(6) of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 —

(a) after sub-paragraph (h), insert “and” ;

(b) omit sub-paragraph (i) and the “and” after it.

Section 26 Amendment of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021

In article 15(6) of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 —

(a) after sub-paragraph (h), insert “and” ;

(b) omit sub-paragraph (i) and the “and” after it.

Section 27 Amendment of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024

(1) The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 is amended as follows.

(2) Omit article 38(5).

(3) In article 40(6)—

(a) after sub-paragraph (h), insert “and” ;

(b) omit sub-paragraph (i) and the “and” after it.

(4) In Schedule 5, in paragraph 1(9), for the text to be substituted for section 347 substitute—

In exercising any function, each of the constituent councils and the Combined Authority must have regard to the spatial development strategy, but this is without prejudice to sections 15CA(2) and 15CC(7) of the Planning and Compulsory Purchase Act 2004 (which require a document which is to be or form part of a minerals and waste plan, a local plan and a supplementary plan to be in general conformity with the strategy).

(5) Omit paragraph 2 of Schedule 5.