Westminster Policy News & Legislative Analysis

Planning and Infrastructure Act 2025: key dates for CPO, NPS

Ministers have now set the timetable for new planning powers under two statutes. A commencement instrument made on 18 December 2025 activates limited provisions immediately, with wider measures starting on 18 February 2026 and a reporting duty from 1 April 2026. Royal Assent for the Planning and Infrastructure Act 2025 was granted the same day, confirming the legislative base for these changes.

Environmental Delivery Plans (EDPs) are now in preparation. The instrument commences Part 3 of the 2025 Act to the extent necessary for Natural England to notify the Secretary of State, begin work on plans and consult on draft charging schedules for the Nature Restoration Levy. Natural England has formally notified its intention to prepare 23 EDPs-16 for nutrient pollution and seven for great crested newts-confirming that the enabling provisions are active.

Alongside preparation powers, the Act provisions on administration, monitoring and co‑operation are in force. Section 82 sets out Natural England’s functions for administering, implementing and monitoring EDPs; section 94 establishes general duties when exercising EDP functions; section 95 introduces a duty on public authorities to co‑operate and give reasonable assistance; section 97 enables secondary legislation for the levy; and section 99 provides interpretation. These form the statutory framework that subsequent regulations will complete.

From 18 February 2026, requirements for National Policy Statements (NPSs) are tightened. Section 1 of the 2025 Act introduces a full review of each NPS at least every five years; section 2 adds an additional parliamentary procedure for material policy amendments; and section 13 revises the process for legal challenges to NPSs and to Development Consent Order decisions taken by the Secretary of State. Project teams in the NSIP regime should plan against this review cycle.

Compulsory purchase law is updated in two linked ways. First, the Levelling‑up and Regeneration Act 2023’s conditional confirmation regime is commenced for England in February, allowing confirming authorities to confirm an order subject to specified conditions and requiring a fulfilment notice once conditions are met before powers may be exercised.

Second, the Planning and Infrastructure Act 2025 modernises the general vesting declaration (GVD) process. Section 108 creates an expedited route for unoccupied land, properties unfit for ordinary use or where no interest holder can be identified, allowing vesting after a minimum six‑week period; section 109 allows earlier vesting by agreement. Section 106 updates the required content of newspaper notices.

Development corporation legislation is aligned from February. Sections 100 to 103 of the 2025 Act clarify remits, resolve overlaps between different corporation types in favour of the higher‑tier authority where areas collide, standardise duties on sustainable development and climate change, and equalise infrastructure powers with Mayoral Development Corporations.

Transitional protections apply to schemes already under way. The conditional‑confirmation amendments to the Acquisition of Land Act 1981 do not apply where the first newspaper notice of the order’s making, or of a draft order, was published before commencement. Separately, the new expedited GVD provisions do not apply to compulsory acquisitions authorised before they come into force. This approach is consistent with the model used in the earlier Commencement No. 8 regulations for CPO online publicity.

A separate date is set for transparency. From 1 April 2026, Natural England must publish and lay before Parliament an annual report covering EDPs in force and in preparation, any amendments or revocations, and a summary of levy income and spend on conservation measures in the year.

For acquiring authorities, the practical implications are immediate. Programme assumptions should only apply the six‑week vesting window where the expedited criteria are met and remain valid through the representation period, with processes in place to amend declarations if the expedited route ceases to be available. Notice templates should be updated to reflect the simplified newspaper content and the conditional‑confirmation model in readiness for February.

For local planning authorities and developers, the EDP regime now moves from concept to preparation. Teams operating in nutrient‑affected catchments and areas with significant great crested newt presence should prepare to engage with Natural England’s consultations and charging schedules, and ensure internal governance recognises the new co‑operation duty.

For nationally significant infrastructure, promoters should factor the five‑year NPS review timetable and the new parliamentary procedure for material policy updates into consenting strategies, noting that the revised challenge route will apply to decisions taken after the February commencement.