The Government has established the Birmingham East Mayoral Development Corporation (MDC) by Statutory Instrument. The Birmingham East Mayoral Development Corporation (Establishment) Order 2026 (SI 2026/405) was made at 11:45 on 14 April 2026, laid at 16:30 the same day, and comes into force on 11 May 2026. The Order is signed on behalf of the Secretary of State by Parliamentary Under Secretary of State Miatta Fahnbulleh.
The legal basis is section 198 of the Localism Act 2011, as applied to combined authorities and modified for the West Midlands by article 13 and Schedule 4 of the West Midlands Combined Authority (Functions and Amendment) Order 2017. Under section 197 of the 2011 Act, once the Mayor designates a Mayoral development area and notifies the Secretary of State of the area and proposed name, the Secretary of State must establish an MDC for that area by order. This sequence is recorded in the preamble to SI 2026/405 and reflects the statutory process set out in the 2011 Act and the 2017 Order.
The Order defines the “Mayoral development area” by reference to a red‑line boundary on an official map deposited with the Secretary of State and the West Midlands Combined Authority (WMCA). An online version of the boundary is available on WMCA’s website at https://www.wmca.org.uk/what-we-do/birmingham-east-mayoral-development-corporation, with hard‑copy inspection available by appointment as stated in the Order.
What changes on 11 May 2026 is legal personality: the Corporation exists and can begin to complete set‑up actions, recruit its board and officers, and prepare its business plan. Planning control does not automatically transfer on establishment; any conferral of local planning authority functions or other powers requires further legislative steps and explicit provision. This position aligns with government guidance on MDCs in combined authorities, which separates establishment from decisions about functions and scrutiny.
Upstream governance and funding preparations have been progressing locally. On 13 March 2026, the WMCA Board approved the Strategic Outline Business Case for the Birmingham East MDC and agreed transitional funding from an earmarked reserve to support the first year of operation, subject to a full business case later in 2026. Birmingham City Council also considered related items at Cabinet on 17 March 2026 concerning the creation of a Mayoral Development Zone and support for the Corporation’s establishment.
For practitioners, the immediate practical point is geographical certainty. Landowners, promoters and advisors should check whether assets fall inside the red‑line boundary referenced in the Order and shown by WMCA. Until any subsequent functions order is made, planning applications and enforcement within the area continue to be handled by the existing local planning authority, with normal policy and validation requirements in place. Contracts, existing section 106 obligations and land interests are unaffected by the act of establishment.
The Order’s explanatory note records that no full impact assessment has been produced, as no, or no significant, impact on the private, voluntary or public sector is foreseen at this stage. That reflects the nature of the instrument: it creates the body and boundary, while operational powers and any transfers of function would be the subject of further, separately scrutinised decisions.
Next steps to watch are formal appointments, the Corporation’s first‑year business plan, and any subsequent statutory instrument(s) to confer planning or other powers, alongside arrangements for overview and scrutiny through the combined authority. WMCA’s published materials indicate an establishment target of May 2026 and a transition to fuller operations later in the year, subject to the statutory process and ministerial decisions. Professionals should plan engagement accordingly and assume a phased commencement of functions rather than a single “switch‑over” day.