Planning and Infrastructure Act 2025 (Consequential Amendments) Regulations 2026

Unless the Secretary of State directs otherwise, a draft spatial development strategy must be examined by a person appointed by them. The matters to be examined are for the examiner to determine. However, the draft National Planning Policy Framework sets out that the purpose of the examination should be to assess that relevant procedural requirements have been met and that the strategy is sound, alongside any other matters that the examiner considers appropriate.

Regulation 2 will amend Section 114 of the Planning and Compulsory Purchase Act 2004 to allow the Lord Chancellor to make rules, under Section 9 of the Tribunals and Inquiries Act 1992, governing the procedures for examinations. Any such regulations will support the effective examination of a strategy.

Regulation 3 will amend paragraph 1 of Schedule 6 to the Marine and Coastal Access Act 2009 to require a marine plan authority to notify a strategic planning authority whose area adjoins or is adjacent to marine plan areas of its intention to prepare a marine plan. This requirement already extends to local planning authorities and will enable strategic planning authorities to consider how they wish to participate in the marine planning process and to put in place appropriate arrangements for that participation.

This is the first part of a wider package of secondary legislation that we are preparing to support the implementation of the new system of strategic plan-making. Other statutory instruments, which we intend to make in the autumn, will include regulations that will make further consequential amendments to secondary legislation, rules on the procedure to be followed during an examination, and regulations setting out the procedure to be followed in connection with the preparation of a spatial development strategy. I trust that the Committee agrees that these minor, consequential regulations are necessary and will support the effective implementation of the new system of spatial development strategies. I beg to move.

Together with the statutory instruments, that will, I hope, enable the Government to set a period during which combined authorities are asked to publish and submit their spatial development strategy timetable to the Secretary of State.

I assume that this will be applied in relation to groups 1 and 2. The Minister and the Committee will recall that, just a little earlier, the Government published a geography of spatial development strategy areas. Groups 1 and 2 are the existing strategic mayoral combined authorities and the devolution priority programme. I am looking for groups 1 and 2 to have their SDS timetables requested to be submitted in the early part of next year at the latest. I would be grateful if the Minister could give the Committee a sense of the complete timetable for SDS.

I turn briefly to the content of the NPPF and the overview. The overview in the draft was not explicit about the requirement in the statute for a spatial development strategy to set out the amount or distribution of housing and the amount or distribution of affordable housing. I have mentioned this in an earlier debate on the English devolution Bill, but I hope that the Minister can assure the Committee that the NPPF is being amended to make some of these requirements of a spatial development strategy a bit clearer.

We should be under no illusions about the difficulties that will potentially emerge. We may well have spatial development strategies that are born of an ambitious local growth plan. My own area of Cambridgeshire and Peterborough, for example, has a very ambitious growth plan published by Paul Bristow, the mayor. If local authorities in Cambridgeshire and Peterborough were to assess housing need based simply on the standard method, there would be no way in which the growth plan that the mayor is looking for could be accommodated by the level of housing supply implied. For local plans to be consistent with the spatial development strategy, they will have to go further.

The same may be true for, and considerable questions could be raised by, green-belt policy. For example, Stockport could not agree with the other local authorities in Manchester on a joint development plan, not least because of their difficulties in agreeing on green-belt policy. A spatial development strategy could, according to the guidance published thus far, set out where changes to the green belt need to be considered in local plans, but the local plan would set the boundaries. What happens if a local planning authority seeks to adopt a local plan that does not change the boundary of a green belt? Having considered it and decided not to change it, does that mean that the local plan is consistent with the spatial development strategy or not? As we go along, we have to be increasingly clear about what consistency with the spatial development strategy looks like. I say that because we will have a number of these debates—not necessarily on every statutory instrument—and, as guidance is published, it will bring some of those important issues to the forefront.

I ask the Minister about the follow-up to the geography document. The Committee will recall that, although the geography of many of the combined authorities is established, it is not for others. For example, we simply do not yet know whether Buckinghamshire will be included in Thames Valley or if it will be a single foundation strategic authority. We need to learn more about what the final geography will look like and when we might hear that. Unless we get that information, I do not think strategic planning boards will be established in areas where a mayor and combined authority are not being put in place relatively soon. I hope that there will be a timetable for that, as well.

My final question is prompted by my being up in Warrington yesterday. Liverpool is relatively advanced in the preparation of a spatial development strategy and, as I understand it, is looking to have it examined and adopted next year. Will Liverpool City Region’s spatial development strategy be treated as consistent with the requirements of a spatial development strategy as set out by the Planning and Infrastructure Act? I hope that, because it was designed alongside the SDS for London, it will be and that the Minister will say that, through Liverpool’s SDS, we can begin to see the process of spatial planning being implemented in places across England.

Those are my questions arising from the statutory instrument. I do not want to be thought of as opposing it, in any sense. I support the SI.

I would like to ask two questions. What consultation will there be, both at national level and at a more strategic level and how, in that consultation, will the rural voice be heard? As we now have a Mayor of York and North Yorkshire—I do not see mayors mentioned, but there must be an answer of which I am not aware —what will the relationship of the mayor be to producing answers to a spatial plan?

I echo my noble friend Lord Lansley’s request that the Government publish the responses to the National Planning Policy Framework. An underlying concern in all of this is that we do not develop areas on the functional flood plain of zone 3b.

My second concern is this. In the current fairly febrile and volatile nature of our politics, there is clearly a possibility of a significant change of political leadership in these combined authorities—there already was last year. If there is a change of political leadership and the new leadership wants to significantly change the strategic development plan, is that possible?

My third question is about local plans that local planning authorities and councils have already agreed. They potentially have a 15-year lifespan, although they have to be reviewed and updated every five years. Nevertheless, the basic plan and the policies that underpin it are determined. How does a strategic development plan sit with that if they are already in existence? The noble Lord, Lord Lansley, asked a similar question. Which one will override the other in this instance?

The fourth issue that I want to understand a bit better is the examination of an SDS. We have here at paragraph 5.7 that the Lord Chancellor will make these rules. But hang on, is that not something that should be determined, for instance, in this sort of forum—that these will be the rules that will determine how an SDS will be examined? To not have that openly discussed, debated and agreed puts a big question mark in my mind about it. When local plans are examined and inspected, yes the planning inspector is appointed by the Government and there are opportunities for representations by those concerned about particular elements of the plan, but that does not seem to be what is being suggested in the brief mention here or by what the Minister said.

Finally, the Minister said that local planning authorities must have regard to—that is a standard planning phrase—and be in general conformity to this. Presumably, that means that local planning authorities and local planning committees can, if they have good, sound reason, disregard the decisions that are made at a strategic development plan level. If not, I do not know why we have local democracy.

Although I am in favour of this and was in favour of the previous iteration of strategic development, at a regional level—it is very helpful to have a wide scheme—there are a lot of questions around how this will operate and who will make the decisions. I hope the Minister can put my mind at ease.