The Town and Country Planning (Mayor of London) (Amendment and Transitional Provision) Order 2026

• Citation: S.I. 2026/345
• Sections: 11

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Town and Country Planning (Mayor of London) (Amendment and Transitional Provision) Order 2026.

(2) This Order comes into force on 11th May 2026.

(3) This Order extends to England and Wales.

Section 2 Interpretation

In this Order—

“ the 1990 Act ” means the Town and Country Planning Act 1990;

“ the 2008 Order ” means the Town and Country Planning (Mayor of London) Order 2008 ;

“ commencement date ” means 11th May 2026;

“ Mayor ” and “ PSI application ” have the meaning given in article 2(1) of the 2008 Order;

“ section 73 application ” means an application under section 73 of the 1990 Act (application to develop land without compliance with conditions previously attached).

Section 3 Amendment of the 2008 Order

The 2008 Order is amended in accordance with articles 4 to 10 .

Section 4 Amendments to article 2

In article 2 (interpretation)—

(a) in paragraph (1)—

(i) after the definition of “the Use Classes Order” , insert—

“ the DMPO ” means the Town and Country Planning (Development Management Procedure) (England) Order 2015 ;

“ Category 3J application ” means an application which is a PSI application only by virtue of Category 3J of the Schedule;

(ii) omit the definition of “the GDPO” ;

(b) in paragraph (2), for “article 20(3) (time periods for decision) of the GDPO” substitute “article 34(4) and (5) of the DMPO (time periods for decision)” .

Section 5 Revocation of article 3

Omit article 3 (land excluded from the application of section 2A).

Section 6 Amendment to article 4

In article 4 (notification to the Mayor of applications of potential strategic importance), after paragraph (2), insert—

(3) Paragraph (2) does not apply with respect to a Category 3J application.

Section 7 Amendments to article 5

In article 5 (determination of PSI applications)—

(a) in paragraph (1), for “paragraph (2)” substitute “paragraphs (1A) and (2)” ;

(b) after paragraph (1), insert—

(1A) Paragraph (1) does not apply with respect to a Category 3J application.

(1B) In the case of a Category 3J application, the local planning authority must not refuse the application unless—

(a) the authority has sent to the Mayor—

(i) a copy of any representations made to the authority in respect of the application;

(ii) a copy of any report on the application prepared by an officer of the authority;

(iii) a statement setting out that the authority proposes to refuse the application and giving full reasons for the proposed refusal; and

(iv) a statement of any proposed planning conditions, a draft of any proposed planning obligation and details of any proposed planning contribution; and

(b) either—

(i) a period of 21 days has elapsed beginning with the date notified in writing by the Mayor to the authority as the date on which he received the documents referred to in sub-paragraph (a); or

(ii) the Mayor has notified the local planning authority in writing that he is content for the authority to determine the application in accordance with the statement referred to in sub-paragraph (a)(iii).

(1C) As soon as practicable after receiving the documents referred to in paragraph (1)(a) or (1B)(a), the Mayor must notify the local planning authority in writing of the date on which he received those documents.

(c) in paragraph (2), for “Paragraph (1) shall” substitute “Paragraphs (1) and (1B) do” .

Section 8 Amendments to article 6

In article 6 (Mayor's power to direct refusal of a PSI application)—

(a) at the beginning insert—

(A1) This article does not apply with respect to a Category 3J application.

(b) in paragraph (2), omit sub-paragraph (e);

(c) in paragraph (7)(b), for “article 20(1) of the GDPO” substitute “article 34(1) of the DMPO” ;

(d) in paragraph (10), for “article 25 of the GDPO (register of applications)” substitute “article 40 of the DMPO (register of applications and biodiversity gain plans)” ;

(e) omit paragraph (11).

Section 9 Amendments to article 7

In article 7 (direction that the Mayor is to be the local planning authority)—

(a) in paragraph (1), for sub-paragraph (a) substitute—

(a) the impact criterion is met;

(b) after paragraph (1), insert—

(1A) For the purposes of paragraph (1), the impact criterion is met if—

(a) for a Category 3J application, the development or any of the issues raised by the development to which the application relates would have an impact on the implementation of the spatial development strategy;

(b) in any other case, the development or any of the issues raised by the development to which the PSI application relates is of such a nature or scale that it would have a significant impact on the implementation of the spatial development strategy.

(c) in paragraph (3)(a), after “Category 1A” , insert “or Category 3J” ;

(d) in paragraph (4), after “Category 1A” , insert “or Category 3J”

(e) for paragraph (5) substitute—

(5) A direction under paragraph (1) may not be given after—

(a) in the case of a Category 3J application, the end of the period referred to in article 5(1B)(b)(i);

(b) where paragraph (6) applies, the end of the period of 14 days beginning with the date on which the Mayor received the applicant’s request;

(c) in any other case, the end of the period referred to in article 5(1)(b)(i).

(f) in paragraph (6)(a), for “article 20(2) of the GDPO” substitute “article 34(2) of the DMPO” ;

(g) in paragraph (8), for “article 25 of the GDPO (register of applications)” substitute “article 40 of the DMPO (register of applications and biodiversity gain plans)” .

Section 10 Amendments to the Schedule

(1) The Schedule (PSI applications and categories of development) is amended as follows.

(2) In “Definition of PSI application”, in paragraph 1(2),for “a category set out in Parts 1 or 2 below.” substitute “one of the following categories set out below—”

(a) a category in Parts 1 or 2;

(b) Category 3D;

(c) Category 3J.

(3) In Part 1 (large scale development), in Category 1B, omit paragraph 2(b).

(4) In Part 3 (development which may affect strategic policies), after Category 3I, insert—

Category 3J

(1) Development which comprises or includes the provision of 50 or more houses, flats, or houses and flats.

(5) In Part 4, in Category 4, in paragraph 1, for “article 10(3) of the GDPO” substitute “article 18(4) of the DMPO” .

Section 11 Transitional provisions

(1) Paragraph (2) applies in relation to an application for planning permission—

(a) which falls within Category 3D of the Schedule to the 2008 Order,

(b) which is sent to the Mayor under article 5(1)(a) of the 2008 Order before the commencement date, and

(c) in relation to which, before the commencement date, the Mayor is not permitted to give a direction under section 2A of the 1990 Act that he is to be the local planning authority for the purposes of determining the application.

(2) Where this paragraph applies, notwithstanding the amendment made by article 10 (2) , the Mayor may not give a direction under section 2A of the 1990 Act that he is to be the local planning authority for the purposes of determining the application.

(3) Paragraph (4) applies in relation to an application for planning permission which—

(a) is received by the local planning authority before the commencement date, and

(b) does not meet the definition of “PSI application” in the 2008 Order as it has effect immediately before the commencement date.

(4) Where this paragraph applies, notwithstanding the amendment made by article 10 (4) , the local planning authority is not required to notify the Mayor of the application under article 4(1) of the 2008 Order.

(5) The amendments made by this Order do not apply in relation to a section 73 application where the previous planning permission was granted before the commencement date.