The Government has amended the Development Management Procedure Order for England to widen when statutory consultee time limits apply. The Town and Country Planning (Development Management Procedure) (England) (Amendment and Transitional Provision) Order 2026 (S.I. 2026/215) was made on 4 March 2026, laid before Parliament on 5 March, and takes effect on 26 March 2026.
Article 2 changes article 18(5) of the 2015 Order by replacing the phrase “granting planning permission” with “determining an application for planning permission”. In practice, the notification and waiting requirements now bite whether an authority is minded to grant or to refuse.
Under article 18(5) as amended, where a local planning authority is required by or under article 18 or 20 to consult before determination, it must notify the consultee of the application-unless the applicant has already served a copy-and must not issue a decision until at least 21 days have elapsed from the date of that notice or service, subject to articles 18(6) and 18(8).
This closes a gap in cases where a Secretary of State direction under article 18(4) requires consultation before refusal. Those cases will in future be subject to the same 21‑day minimum period as grant cases, aligning process and reducing the risk of premature determinations.
Article 3 sets a narrow transitional regime. Where an application was submitted before 26 March 2026, remains undetermined on that date, and a direction under article 18(4) required consultation before refusal that was already in force, the amendment in article 2 does not apply to that consultation requirement.
The practical effect of the transitional is that such ‘in‑flight’ applications continue under the pre‑amendment wording for refusal‑related directions. Authorities may still need to consult, but the article 18(5) 21‑day bar will not be engaged by virtue of the new text for those specific cases.
For local planning authorities, the change requires case officers to schedule potential refusals with the same minimum consultee period as grants whenever a statutory or directed consultation applies. Decision timetables, committee agendas and delegated lists should account for the 21‑day interval running from the date of notice or applicant service.
The 21‑day clock can start on the applicant’s service where a copy has already been provided to the consultee. Applicants and agents may therefore evidence any prior service in submissions to avoid resetting the period, noting that the standard caveats in articles 18(6) and 18(8) continue to operate.
The Order extends to England and Wales, but the amendment it makes concerns the England‑only 2015 Procedure Order. Planning applications in Wales are governed by separate procedural instruments and are unaffected by this change.
The instrument was signed by Minister of State Matthew Pennycook on 4 March 2026. The Explanatory Note states no impact assessment has been produced, and that an explanatory memorandum is available on legislation.gov.uk.