2026 planning reform for developers: delegation, land control, and infrastructure fees

Overview

Three instruments introduced in 2026 reshape the regulatory landscape for developers, housebuilders, and land promoters operating in England. They arrive at different stages of the legislative process and at different points in time, so the action each requires differs.

The Infrastructure Planning (Fees) (Amendment) Regulations 2026 (SI 2026/513) are already in force from 8 June 2026: promoters of nationally significant infrastructure projects (NSIPs) should expect fee requests from host local authorities during the Development Consent Order process.

The Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 remain a draft instrument — published for parliamentary approval under the draft affirmative procedure and expected, if approved, to come into force on 31 October 2026. This establishes a national delegation scheme that will alter how planning applications are determined at local authority level. Do not treat it as in force until Parliament approves it.

The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (SI 2026/615) are made law but their obligations do not bite until 6 April 2027. If your organisation holds options, pre-emption rights, promotion agreements, or estate contracts over registered land, you should begin planning for registration now — the regime is certain and the lead times for engaging a regulated conveyancer are real.

National scheme of delegation — planning committees reformed (DRAFT, expected 31 October 2026)

What it does. These draft Regulations (UKDSI 9780348283709), made under sections 319ZZC–319ZZF of the Town and Country Planning Act 1990 as inserted by section 54 of the Planning and Infrastructure Act 2025, establish a single national delegation scheme for all local planning authorities in England. Each LPA's own bespoke scheme is replaced. The scheme operates in two tiers.

Schedule 1 application types must be determined by officers under delegated powers. Referral to a planning committee is not permitted for these categories. Schedule 2 application types are presumed to be determined by officers, but may be referred to committee where a nominated officer and member jointly agree that referral criteria are met. Separately, Regulation 7 caps planning committee membership at a maximum of 13 members across all LPAs, regardless of the size of the authority.

Who this applies to. All applicants for planning permission in England, but the practical effect is sharpest for developers and housebuilders whose applications currently proceed via committee. For Schedule 1 application types, the committee route will be closed; for Schedule 2 types, officer determination becomes the default with committee referral available only for cases meeting specified criteria. The likely outcome is faster officer-level decisions on a greater proportion of applications — but developers who have relied on a committee hearing to make representations should review how the national scheme categorises their typical application types once the final text is approved.

MHCLG published statutory guidance on Planning Committees and the National Scheme of Delegation of Planning Functions alongside these draft Regulations. The scheme does not apply in Wales, Scotland, or Northern Ireland.

Status. Draft affirmative instrument, laid before Parliament in June 2026. Both Houses must approve the draft before it can be made. The expected commencement date is 31 October 2026, but this is subject to parliamentary approval. Do not treat the national scheme as operative until the instrument is formally made and in force.

Contractual control register at HM Land Registry — obligations from 6 April 2027 (SI 2026/615)

What it does. SI 2026/615, made under the Levelling-up and Regeneration Act 2023, creates a new public register at HM Land Registry (HMLR) for contractual control rights over registered land in England and Wales. A contractual control right is any arrangement by which a person other than the registered owner holds a right to control how land may be used or developed without holding legal title. Instruments in scope include options to purchase, rights of pre-emption, estate contracts, and land promotion agreements.

The obligations. From 6 April 2027, the grantee of a contractual control right must submit specified information to the Chief Land Registrar within 60 days of a triggering event. Triggering events include the initial grant of the right, any variation or assignment, the exercise of the right, and its expiry. Information to be submitted includes the names of the parties, relevant dates, the type of right, the title number(s), and the property address. Submission must be made by a regulated conveyancer using HMLR's digital channels. Failure to register may render the right unenforceable against third parties under the Levelling-up and Regeneration Act 2023.

Transitional arrangements. Contractual control rights granted before 6 April 2027 must be registered by 6 October 2027 (a six-month transitional window). HMLR will publish compiled datasets from the register from April 2028, updated monthly, giving the market visibility of land assembly activity.

Who this applies to. Property developers, housebuilders, land promoters, and institutional landowners who routinely use options or promotion agreements to control sites ahead of planning permission. Solicitors and licensed conveyancers will be responsible for making the digital submission on behalf of clients. Only registered land in England and Wales is in scope; unregistered land is not covered by these Regulations.

Although the compliance date is April 2027, organisations with large portfolios of active options and promotion agreements should begin auditing existing instruments now, engaging their conveyancers to map triggering events and plan the submission workload well in advance of the transitional deadlines.

NSIP fees — host local authorities may now charge from 8 June 2026 (SI 2026/513)

What it does. SI 2026/513 amends the Infrastructure Planning (Fees) Regulations 2010 (SI 2010/106), which set out the public authorities entitled to charge fees during the Development Consent Order (DCO) process under the Planning Act 2008. The amendment inserts host local authorities — those in whose area a nationally significant infrastructure project is proposed — into Schedule 2 of the 2010 Regulations as a prescribed public authority entitled to charge fees.

Who this applies to. This is a narrow change relevant to promoters of nationally significant infrastructure projects: energy generation, transport, water and waste infrastructure schemes that require a DCO rather than ordinary planning permission. From 8 June 2026, host local authorities can recover costs for services they provide to NSIP applicants at pre-application and examination stages, on the same basis as other statutory consultees. The fee framework and rate-setting mechanism remain governed by the 2010 Regulations as amended. Promoters should account for host authority fee requests in project budgets and pre-application engagement plans.