Christmas Presents: The Planning & Infrastructure Act becomes Law & Other News

As the country starts to wind down for Christmas, I thought I would end the week by bringing you a present.

Not the Planning & Infrastructure Act itself, MHCLG gifted that to us yesterday, but a table showing which parts of the act come into force immediately, and which we will need to wait on.

Yes, I know, it is just what you always wanted!.

As with my LURA commencement tables, I have only looked at Parts 2 and 3 of the Act – as these are the sections of most general application. The table does not include the Infrastructure amendments in Part 1, nor does it deal with the Development Corporations and CPO amendments in parts 4 and 5 of the Act.

I will endeavour to keep you up-to- date as time progresses, but there is a lot to track, so you may need to bear with me….

Part Immediate Effect2 months from enactment (18 February 2026) Requires regulations Tied to LURA
Part 2: Plannings.51 – fees for planning applications (power to make regulations only)
s.58(1) – Spatial Development Strategies (power to make regulations only)
s.52 – surcharge on planning fees
s.53 – training for LPAs in England
s.54(1) – introducing changes to 1990 Act to introduce national scheme of delegation
s.55(1) – special regard to heritage assets
s.56 – extension of time in event of legal challenge
s.58(4) to (8): Spatial Development Strategies – enabling powers
s.51 – fees for planning applications (all other purposes)
s.54(2) – second tranche of changes to 1990 Act to introduce national scheme of delegation
s.57 – Natural England advice to LPAs
section 58(1), (2) and (3) and Schedule 2- Spatial Development Strategies
s.55(2) – special regard to heritage assets. Comes into force at the same time as section
102(1) of the Levelling-up and Regeneration Act 2023
Part 3: Development and Nature RecoveryAll of Part 3 (including Schedules 3, 4 and 5)- except…Paragraph 14(2) of
Schedule 5 comes into force at the same time as section 106 of the Levelling-up
and Regeneration Act 2023

Now that the big news is out of the way, let’s look at some other things that happened on 18 December 2025.

Universal Studios SDO Laid Before Parliament

In good news for Theme Park enthusiasts everywhere, on Thursday MHCLG laid The Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025 (2025 No. 1322) before Parliament.

The SDO, which grants permission for a new Universal Studios Theme Park in Bedford, will come into force on 12 January 2026.

Nature Restoration Fund Policy Paper Published

Also on Thursday, MHCLG and DEFRA launched a joint policy paper setting out the initial plans for implementing the Nature Recovery Plan and EDPs under Part 3 of the Planning & Infrastructure Act 2025.

At the same time, DEFRA published a blog, providing early information for nature markets and the wider sector.

Both the blog and the policy paper emphasise that:

  • Paying into the Nature Recovery Plan and EDPS will remain voluntary by default
  • The government sees the role of EDPs and the Nature Recovery Fund as supporting and enabling the growth of private nature markets rather than competing with them; and
  • The first EDPs will be focused on addressing nutrient pollution and district level licensing for great great crested newts.

The proposed implementation timetable is as follows (table lifted from the policy paper).

Implementation timeline

Winter 2025Launch pre-market engagement with private sector, nature recovery and nature services providers.

Begin stakeholder engagement on the first EDPs.

Develop secondary legislation to support implementing the NRF, including for the design of the levy.
Spring and Summer 2026User test the NRF digital service.

Draft guidance for NRF service users, private sector providers and regulators.

Lay secondary legislation for the nature restoration levy before Parliament.

Begin formal consultation on first nutrient pollution EDPs.

Publish guidance and provide support and skills training for Local Planning Authorities and developers.

The first EDPs will go live when the above steps are complete, consultations have been carried out, and the Secretary of State has approved those EDPs.

Planning Application Stats show decline continuing over the Summer

And finally, yesterday also saw the publication of the planning application statistics for July to September 2025.

They do not make for brilliant reading. The headline statistics showing that between July to September 2025, English LPAs:

  • received 78,800 planning applications – a 3% decrease from the same quarter a year earlier; and
  • decided 76,200 planning applications – a 4% decrease from the same quarter a year earlier

No doubt, MHCLG and the Treasury are hoping that the ongoing downward trend will reverse in the New Year.

Now, as this may well be my last blog before the holidays, I am going to finish by misquoting Frank Sinatra.

Have yourself a merry little Christmas, let your heart be light. After all, the NPPF consultation will still be here when you get back…..

  • planning & infastructure act
  • planning law

The opinions in this article are the author’s own, and the content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article, please contact the author in the first instance. Law covered as at 19 December 2025.

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