Westminster Policy News & Legislative Analysis

PCPA 2004: England clarifies joint plan duties from 25 March 2026

The Government has made the Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026. Made at 08:06 on 3 March, laid on 4 March, they take effect on 25 March 2026. The instrument refines how joint local plans and joint supplementary plans are prepared, examined, adopted and revoked, and aligns minerals and waste plan documents with the reformed plan‑making architecture introduced by the Levelling‑up and Regeneration Act 2023. For plan‑making teams, the changes determine who does what, when joint work is required, and how older legislation is read alongside the new framework.

For joint local plans, section 15IA of the 2004 Act is modified so that each “relevant authority” must adopt the joint plan for it to be considered adopted. Authorities must act jointly for specified statutory steps, including gateway advice, examination and adoption functions, while other tasks connected to plan preparation may be carried out either individually by each authority or jointly. This closes ambiguity about whether a single council could progress or adopt elements of a joint plan on its own.

Intervention powers are also recalibrated for joint local plans. Where the Secretary of State considers an authority (or authorities) to be failing, the power to take over preparation can only be exercised for all relevant authorities together, but directions may be issued to one or more of the failing authorities. Where a joint plan is, or may become, unsatisfactory, the same “all‑authorities” approach applies to any take‑over, with directions again available to one or more authorities. This balances accountability with the practicalities of joint working.

Schedule A1 to the 2004 Act is disapplied for joint local plans. In practice, this means joint plans follow the bespoke joint‑plan provisions now set out in the modified Part 2 rather than any general scheduling or process rules contained in Schedule A1. Authorities should check their plan timetables and governance papers to ensure they signpost the correct statutory route.

Parallel provisions are introduced for joint supplementary plans under section 15IC. Each relevant authority must adopt a joint supplementary plan for it to be legally adopted. Authorities must act jointly to meet the examination requirements for supplementary plans, with other preparatory steps permitted either jointly or by each authority. Where the Secretary of State considers a joint supplementary plan to be, or likely to be, unsatisfactory, the ability to take over preparation applies only across all relevant authorities, while targeted directions remain possible.

Revocation mechanics are updated in section 15G for joint plans. A new joint local plan automatically revokes the earlier joint plan either across the whole area (where all authorities are the same) or only for overlapping authority areas. If a non‑joint local plan is adopted for one authority’s area, the earlier joint plan is revoked only for that area. Separately, at an authority’s request, the Secretary of State may revoke a joint local plan so far as it relates to that authority’s area, and may revoke a joint supplementary plan for an authority’s area or for specified sites within it. This creates a clear statutory route to unwind or re‑scope joint coverage without collapsing an entire plan.

Minerals and waste planning is aligned to the new system by reading references to “local plan” as references to a “minerals and waste plan document” in specified provisions. This reflects that a minerals and waste plan may comprise one or more documents. The Regulations also enable the Secretary of State to direct the preparation of a joint minerals and waste plan document regardless of whether the authority’s timetable currently provides for joint working, and they insert definitions for “joint minerals and waste plan document” and “minerals and waste plan document”.

A wide suite of consequential amendments updates how existing secondary legislation refers to plans under the 2004 Act. The Listed Buildings and Conservation Areas Regulations 1990 now define “local plan”, “supplementary plan” and “minerals and waste plan”. The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 are aligned to the new sections for independent examination and to the new joint plan and joint committee provisions, replacing references to earlier “development plan documents”. Similar definition and cross‑reference updates are made to the 2013 Section 62A Applications Order and the 2015 Development Management Procedure Order, ensuring consistency in how statutory consultees and plan documents are described.

Plan‑led funding and land supply instruments are also adjusted. The Community Infrastructure Levy Regulations 2010 now refer to the examination of “a local plan” or “a supplementary plan” rather than a “development plan document”, and the Brownfield Land Register Regulations 2017 update the definition of “suitable for residential development” to recognise local and supplementary plans. These changes tidy references so that plan‑making terminology used across funding, decision‑making and land identification regimes matches the reformed Act.

Combined authority and structural change instruments are brought up to date. Provisions in Orders for Greater Manchester, the West of England, Tees Valley, Liverpool City Region, the West Midlands, West Yorkshire and the North East are amended to remove obsolete references to joint development plan documents and to link joint committees and spatial development strategies to sections 15I–15JB and regulations under section 15J. In the North East Order, the text on regard to, and general conformity with, the spatial development strategy is updated to reflect the new statutory duties that apply to local, supplementary and minerals and waste plans.

For practitioners, the immediate operational effects are clear. Any authority participating in a joint plan must secure formal adoption resolutions from each council; joint handling is mandated for key statutory steps; and partial revocation and site‑specific revocation routes are now expressly provided. Governance papers, terms of reference and plan timetables should be reviewed so they reference the modified sections and the ability to request targeted revocation where joint arrangements are being re‑drawn.

Minerals and waste planning authorities should audit how their plans are structured. Where plans comprise multiple documents, references across committee papers, Statements of Community Involvement and examination material should now use the term “minerals and waste plan document”. Authorities contemplating joint minerals and waste documents should note the Secretary of State’s ability to direct joint preparation irrespective of existing timetables.

The Regulations are part of the wider roll‑out of the new local plan‑making system legislated through the Levelling‑up and Regeneration Act 2023. DLUHC’s programme material confirms the phased implementation of the new plan process, while the 2023 Act’s provisions set the statutory context for gateway advice, examination and adoption of local and supplementary plans. Plan teams should read these Regulations alongside the 2023 Act and accompanying guidance as they move to the new system.