NOT from UKREiiF: Planning news you might have missed whilst in Leeds
All eyes were, rightly, on Leeds this week… but let’s not ignore the other news happening a little closer to home.
This blog does, admittedly, cover some of the big news from UKREiiF, but it also picks up on a few other events that have attracted a little less attention…
Changes to Habitat Regulations for Offshore Wind
On 21 May 2026, the Conservation of Habitats and Species (Offshore Wind) (Amendment etc.) Regulations 2026 came into force.
According to the Explanatory Memorandum:
Or, to put it in plainer English… The regs amend the Habitat Regulations for specific offshore wind projects by:
- Disapplying regulation 68 for specified projects; and
- replacing it with a new power to provide “appropriate compensatory measures” which are broader and more strategic in scope.
Habitat Regs protection extended to RAMSAR Sites
The Planning and Infrastructure Act 2025 (Commencement No. 3 and Transitional Provisions) Regulations 2026 came into effect on 21 May 2026.
These regulations extend Habitat Regulations Protections to RAMSAR sites in England. To quote the explanatory notes for a moment:
“Ramsar sites are wetlands of international importance designated under the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2 February 1971. These amendments introduce a statutory requirement for Ramsar sites to be treated in the same manner as European sites when carrying out assessments under those Regulations.”
The transitional provisions in these regulations are vitally important, so I am setting them out in full:
Further Thoughts by Nicola Gooch
The Kings Speech and the English Devolution and Community Empowerment Act
Renters Rights Act hits Planning Guidance and other news
Local Authorities to be allowed to charge fees for “relevant services” relating to DCOS
On 12 May, MHCLG made The Infrastructure Planning (Fees) (Amendment) Regulations 2026 which come into force on 8 June 2026.
These Regulations add host local authorities into the list of prescribed public authorities able to charge fees in relation to the provision of relevant services relating to a DCO in their authority area.
By way of a reminder, under the Infrastructure Planning (Fees) Regulations 2010 (as amended), the host authority would first need to publish a fee schedule on its website describing what relevant services are and the proposed level of fee.
Draft Statutory Instrument for SDS’s Published
The Government has also published the draft Planning and Infrastructure Act 2025 (Consequential Amendments) Regulations 2026, which are due to come into effect on 16 July 2026.
Once in effect, these regulations will:
- make the examination of a spatial development strategy a statutory inquiry, enabling the Lord Chancellor to make procedural rules in relation to the examination; and
- require a marine plan authority to notify a strategic planning authority of its intention to prepare a marine plan.
These are just the first in what is expected to be a fairly long stream of secondary legislation required to enable SDS’s to work effectively, according to the draft Explanatory Memorandum.
Treasury publishes policy paper proposing further restrictions to JRs of NSIPS
On 20 May, the Treasury published “Getting Britain Building: Reforming judicial review for infrastructure”.
The policy paper proposes:
- approving some particularly important DCOs via parliamentary authorisation; giving the approved DCO protection from judicial review on all issues other than human rights grounds; and
- introducing a “challenge window” or period between publication of a draft DCO and its approval where any potential challenges to a DCO would have to be raised. Thus allowing the Secretary of State to address them before finalising the order. If an challenge was made on an issue not raised during the challenge window – it would be refused permission to proceed.
Both of these changes are likely to require statutory changes, meaning we may see yet another planning bill from this government after all.
Ministers make important announcements at UKREiiF
And finally, as I couldn’t ignore Leeds entirely, the UKREiiF announcements.
In his keynote speech, Planning and Housing Minister, Matthew Pennycoo announced:
- the new NPPF will be in place this Summer
- the regulations for the National Scheme of Delegation will be laid before parliament in the coming weeks
- the first set of EDP consultations will take place in “the coming months”
- the outcome of the Stat Con reform consultation will be published before the Summer Recess; and
- the Homes England Small Sites Aggregator initiative is to be rolled out nationwide.
According to Planning Resource, The Secretary of State, Steve Reed, went one further promising the new NPPF would be out “very, very shortly”.
So keep a sharp look out everyone. Summer is, after all, just around the corner….
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 22 May 2026.