All Change for Local Plans: MHCLG launches new guidance on 30 Month Local Plan System
Every now and then, one of my predictions turns out to be remarkably on point.
In yesterday’s post about the budget, I may have mentioned that I thought the exciting stuff was still to come. Admittedly, I didn’t expect it to kick off *quite* this quickly, but nonetheless it is always gratifying to be proved right.
Earlier today, MHCLG issued:
- A written ministerial statement on the Government’s plans to reform local plan making
- An overview of the 30- Month local plan making process
- Much more detailed information on how the new system will be rolled out; and
- A whole swathe of additional guidance about progressing plans through the new system and the proposed transitional arrangements.
At time of writing, we don’t have the draft secondary legislation as yet, but given that it is anticipated to take effect in the New Year, I expect it to appear shortly. Not least, because today’s written ministerial statement says as much.
I don’t have time to do a deep dive into the guidance today,* so this blog only looks at points gleaned from the written ministerial statement and roll-out guidance: i.e. when and how the new system will come forward. These are aggregated to make my life easier.
The rest of the guidance on precisely how to prepare a plan under the new system can be found here.
Transition to New System
The new system is not going to be phased in as previously planned, instead the Government has set clear deadlines by which LPAs need to have got moving under the new system.
- For Plans submitted under the 2024 NPPF transitional arrangements, which were submitted before 12 March 2025, for an area that does not have an operational spatial development strategy in place, and meet less than 80% of their new local housing need then:
- The notice of intention to commence plan-making must be published by 30 June 2026; and
- The Gateway 1 self-assessment must be published by by 31 October 2026
- LPAs who do not intend to submit a plan under the current system (i.e. before 31 December 2026) must:
- give notice of the intention to commence plan-making by 31 December 2026 or by the time the adopted plan is 4 years and 8 months old, whichever is the latest
- publish the Gateway 1 self-assessment by 30 April 2027 or by the time the adopted plan is 5 years old, whichever is the latest
- For Minerals & Waste Authorities who do not intend to submit a Minerals and Waste Plan under the current system (i.e. before 31 December 2026) must:
- give notice of the intention to commence plan-making by 31 December 2026 or by the time the adopted plan is 4 years and 8 months old, whichever is the latest
- publish the Gateway 1 self-assessment by 30 April 2027 or by the time the adopted plan is 5 years old, whichever is the latest
In all cases, publishing a Gateway 1 self-assessment marks the start of the 30-month plan-making timetable.
There will be a period in which both local plan processes are running along side each other. However, the guidance makes it clear that LPAs cannot jump from one system to another. A local plan has to be completed under the same procedure that it started. Which means that LPAs who are not able to submit under the existing system by 31 December 2026, have no option but to start again under the new system.
Funding and Support
MHCLG has promised “at least £14,000,000 funding in the financial year 2025 to 2026 to support local authorities with plan-making”. With details of how to access the funding and who is eligible to apply for it to follow shortly.
There is extensive guidance on the MHCLG website, and the written ministerial statement states that “additional practical tools and templates have been provided by the Planning Advisory Service, which will further support plan-makers with their preparations.”
Approach to plans under existing arrangements
All new plans intended to progress through the current local plan system must be submitted for examination by 31 December 2026.
If a plan progressing under the existing system is withdrawn, then the LPA must give notice of intention to commence plan-making when the withdrawn and publish a Gateway 1 self-assessment 4 months later.
Penalties
All LPAs are expected to start work on a new plan by the date set out in regulations and to prepare a plan within 30 months.
If these dates are not met, MHCLG has stated that they will consider intervening to accelerate plan progress. Albeit, that historically instances of this happening have been very few and far between.
To quote the written ministerial statement:
“The government is committed to taking tough action to ensure local authorities have up-to-date local plans in place. While we hope the need will not arise, we have made clear that we are willing to make full use of available intervention powers – including taking over a local authority’s plan making directly – if local plans are not progressed as required.”
Duty to Co-operate
The Written Ministerial Statement confirms that the duty to co-operate will not apply to either the old or the new local plan process from the time that the new regulations take effect.
Instead, the new local plans will rely on revised national policy and the new strategic planning systems to address cross-boundary issues. For plans coming forward under the existing system:
“Local planning authorities should continue to collaborate across their boundaries, including on unmet development needs from neighbouring areas, and we expect Planning Inspectors to continue to examine plans in line with the policies in the NPPF on ‘maintaining effective co-operation’. I have written to the Chief Executive of the Planning Inspectorate to ask that these matters are made clear to Local Plan Inspectors.”
*and in any event, there are others in the team who are much better placed to do so