Westminster Policy News & Legislative Analysis

Start dates set for CPO and EDP reforms under 2023/2025 Acts

Ministers have signed the first commencement instrument aligning the Levelling‑up and Regeneration Act 2023 with the new Planning and Infrastructure Act 2025. The Regulations were made at 2.20 p.m. on 18 December 2025 and published on legislation.gov.uk on 29 December 2025. They set three key dates: immediate commencement on the day after making, a main switch‑on from 18 February 2026, and a further duty from 1 April 2026.

From the day after making, i.e. 19 December 2025, two groups of provisions take effect. First, regulation‑making powers for compulsory purchase process changes, including newspaper notice content and new general vesting declaration routes. Second, the core framework for Environmental Delivery Plans (EDPs) enabling Natural England to begin preparation, consultation and administrative set‑up, alongside interpretation and general duties.

EDPs become a structured tool for consenting and mitigation. The 2025 Act confirms that an EDP identifies the development area in England or adjacent waters, the kind and volume of development covered, environmental features likely to be affected, the conservation measures Natural England will deliver, and the nature restoration levy payable by developers. Publication, consultation and reporting requirements are specified in statute.

The principal CPO reforms start on 18 February 2026. Section 183 of the 2023 Act brings ‘conditional confirmation’ into the Acquisition of Land Act 1981, allowing a confirming authority to confirm an order subject to specified conditions that must be met before the order becomes operative; the power applies to orders confirmed by authorities other than the Welsh Ministers and to drafts prepared by acquiring authorities other than the Welsh Ministers. Consequential amendments in Schedules 18 and 19 also commence on that date.

On the same 18 February 2026 switch‑on, the 2025 Act starts a new cycle for National Policy Statements (NPSs): a full review at least every five years, an additional parliamentary procedure for material policy amendments, and a revised legal challenge route under the Planning Act 2008. Promoters of Nationally Significant Infrastructure Projects should note the recalibrated scrutiny and litigation windows this implies.

Development corporations receive clarified and standardised powers from 18 February 2026. The legislation aligns objectives on sustainable development, climate change and good design across corporation types, resolves overlaps in favour of the higher‑tier body, and equalises infrastructure powers with those of Mayoral Development Corporations.

Compulsory purchase procedure is further modernised. The 2025 Act simplifies required content for newspaper notices; introduces expedited vesting where land is unoccupied or interests cannot be identified; enables earlier vesting by agreement; and, for acquisitions under Local Government Act 1972 section 125, permits directions that compensation be assessed under Land Compensation Act 1961 section 14A. Regulation‑making powers began on 19 December 2025, with substantive application of several provisions in England from 18 February 2026.

The EDP programme also moves onto a statutory reporting footing. From 1 April 2026, Natural England must publish an annual report for each financial year covering its Part 3 functions under the 2025 Act.

Transitional protections are explicit. The amendments the 2023 Act makes to the Acquisition of Land Act 1981 do not apply where a CPO’s first publication of notice of making, or first publication of notice of preparation in draft, occurred before 18 February 2026. Separately, expedited vesting changes under the 2025 Act do not apply to compulsory acquisitions authorised before those provisions commence. Existing programmes therefore continue under previous rules.

Scope matters for practitioners. CPO provisions tied to newspaper notices, expedited vesting and advancement by agreement are limited to England where stated, while conditional confirmation applies where the confirming authority is not the Welsh Ministers. For EDPs, development areas may be in England or in waters adjacent to England, with Natural England designated to administer, implement and monitor plans.

For acquiring authorities, the immediate actions are procedural. Update CPO notice templates to anticipate the forthcoming regulations, map current and pipeline CPOs against the 18 February 2026 cut‑off for transitional purposes, and consider whether vesting strategies should adjust once expedited and by‑agreement routes are live. Early engagement with legal teams on conditional confirmation drafting and fulfilment notices will reduce friction once the new regime applies.

For plan‑makers and NSIP promoters, the EDP and NPS changes imply parallel workstreams. Local and central government bodies should prepare for Natural England’s requests under the new duty of co‑operation; developers should track draft EDP notifications and levy charging schedules; and NSIP teams should align project timetables with quinquennial NPS reviews and the revised approach to legal challenge.