Rolling out the new local plan system
A new procedure for preparing local development plans
Government believes that the local plan preparation process is taking far too long and is introducing a new local plan making process to come into force this month.
Under transitional arrangements, those draft local plans at an advanced stage can continue to proceed under the old ‘legacy system’, provided they are submitted for examination by 31 December 2026. The new and old systems will operate together until the end of this year.
Those not proceeding under the legacy system, must begin
plan-making under the new system as soon as possible to get
an ambitious and up-to-date plan in place.
Government guidance is underpinned by the Town and Country Planning (Local Planning) (England) Regulations 2026, that come into force on 25 March 2026. The Government’s expectation is that:
- New style local plans will be adopted within 30 months of starting the process.
- Local planning authorities must begin the formal preparation of a new local plan within 5 years of adopting their previous local plan
- Failure to make progress within the 30-month period, risks direct Government intervention to accelerate the process.
- 39 named planning authorities must start their plan making by
June 2026.
The new process comprises the following steps:
- Publish a local plan timetable to be kept up to date
- Notice of intent to commence local plan preparation giving stakeholders advance notice that plan making is starting
- Scoping consultation as to what the plan should contain and
how future engagement should be carried out - Gateway 1: self-assessment of readiness for local plan
preparation confirming an authority’s ‘readiness’ and starting
the 30-month period. - Consultation on the proposed local plan content and evidence with a minimum 6-week consultation period.
- Gateway 2: observations or advice from an appointed person for England the Planning Inspectorate will provide observations and advice on matters of soundness and progress made towards meeting the prescribed regulatory requirements.
- Consultation on the proposed local plan with a minimum 8-week
consultation period. - Gateway 3: prescribed requirements assessment by an appointed person with further observations and advice from PINS to determine if the prescribed regulatory requirements are met. If not, this stage must be repeated.
- Examination if gateway 3 is passed to test soundness in context of the NPPF tests.
- Adoption as soon as possible.
Authorities not submitting under the legacy system, or required to start early must:
- Give notice of their intent to start plan making by 31 December 2026, or by the time an adopted plan is 4 years and 8 months old, whichever is the latest.
- Publish their Gateway 1 self-assessments by 30 April 2027, or by the time the adopted plan is 5 years old, whichever is the latest. These are long stop dates for new plan making.
In summary, whilst there are some similarities with Regulation 18 and 19 stages, the introduction of two new PINS review stages before examination heralds a far more robust approach.
This may avoid examination time being spent on local plans that have fundamental failings and ultimately must be withdrawn. By identifying local plans that are failing to meet regulatory requirements early, action can be taken to ensure they have a greater chance of being found sound. Whilst examiners can pause an examination for further work to be undertaken, this is limited to 6 months. Examiners will not tolerate significant delay to rectify defective plans, and the earlier PINS reviews are intended to mitigate this risk.
Representations can be made at key stages in the process, but stakeholders must be fully alert to the publication of notices and other local plan documents if they are to avoid missing opportunities to engage with the process and affect their outcomes.
Many local planning authorities will need to engage with the new system quickly but are they suitably resourced to comply? How will local government reorganisation affect this process? Will this new approach speed up plan making as intended, or conversely slow it down, and how much will the Government intervene to police the new plan making system? Attention will now be focused on how this new system beds down in practice.
tor&co would be happy to speak to you if you have any questions about the new system and how best to engage with it.