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2026 Planning News Update – Q2
Q2 2026 has seen continued political change at both national and local levels, with the May local elections contributing to a more fragmented political landscape across parts of England. Alongside ongoing local government reorganisation and devolution proposals, this has the potential to influence planning priorities in some areas. Despite this, the Government has maintained its focus on housing delivery, infrastructure investment and planning reform.
Planning Reform and the NPPF
Whilst the revised National Planning Policy Framework (NPPF) has yet to be published, discussions at UKREiiF during Q2 suggested that publication is imminent. The revised Framework is expected to provide greater clarity on the Government’s wider planning reform agenda, including plan-making, strategic planning and housing delivery.
Planning Committee Reform
The Government has now laid the draft Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 before Parliament, confirming that planning committee reforms are intended to come into force on 31 October 2026. The Regulations introduce a National Scheme of Delegation, significantly reducing local discretion over which planning applications are referred to committee and increasing the number of decisions made under delegated powers. Existing arrangements, such as councillor call-ins and automatic committee referrals based on objection numbers, will largely be replaced by a consistent national framework, with planning committees focused on applications that raise genuinely significant planning issues through a defined gateway test. For developers, the reforms should provide greater certainty over the decision-making process, reduce delays associated with committee determination, and promote more consistent planning decisions across England.
Local Plans
Authorities progressing plans under the existing system are now entering the final stages of plan preparation ahead of the 31 December 2026 submission deadline. Across the country, consultations, evidence gathering and policy refinement are continuing at pace, with emerging Local Plans increasingly influencing development opportunities, site allocations and housing requirements. Further information on Local Plan progress can be found on our Regional Pages.
Biodiversity Net Gain
The Government has announced proposed changes to the Biodiversity Net Gain regime aimed at simplifying requirements for smaller developments. Subject to parliamentary approval, developments on sites of 0.2 hectares or less could become exempt from BNG requirements, whilst the current exemption for self-build and custom housebuilding developments would be removed. A further consultation is also considering whether certain brownfield residential developments should be exempt from the regime. If implemented, the changes could reduce the cost and complexity of BNG compliance for some smaller schemes.
How this affects you
With major reforms to national planning policy, Local Plan preparation and planning decision-making expected to come forward over the coming months, planning processes and opportunities are likely to continue evolving throughout 2026. To navigate these changes and ensure your project is well positioned, timely and site-specific planning advice is increasingly important. Please get in touch if you would like to discuss how the latest reforms could affect your development proposals.
National Infrastructure Projects
The Brockwell Storage and Solar Development Consent Order (DCO) Examination is due to continue until 21 August 2026. Updates can be viewed on the Planning Inspectorate’s website.
East Park Energy, a proposed Nationally Significant Infrastructure Project (NSIP) comprising a solar farm and battery energy storage system on land near St Neots in Bedfordshire and Cambridgeshire, has progressed to the Examination stage of the Development Consent Order (DCO) process. Following acceptance of the application, the Planning Inspectorate is examining the scheme through written representations, hearings and consultation with statutory bodies, with the Examination expected to conclude later in 2026 before a recommendation is made to the Secretary of State. The project has attracted significant local interest, with matters including the use of agricultural land, landscape and visual impacts, ecology, transport and cumulative effects forming key issues during the Examination.
The Bedford to Cambridge section of East West Rail, including proposed new stations at Bedford St Johns, Tempsford, and Cambourne, has been designated a Nationally Significant Infrastructure Project and is progressing under the Development Consent Order (DCO) process. The project remains at the pre-application stage, with formal submission expected in August 2027. Project updates can be viewed on the PINS website.
The Government has confirmed that both the Fens Reservoir and Lincolnshire Reservoir are Nationally Significant Infrastructure Projects (NSIPs), recognising their strategic role in securing future water supplies across the East of England. The Fens Reservoir, proposed near Chatteris by Anglian Water and Cambridge Water, is continuing through the pre-application process following a third phase of public consultation in late 2025, with a Development Consent Order (DCO) application expected towards the end of 2026. By contrast, the programme for the Lincolnshire Reservoir, proposed south of Sleaford, has been extended following a review of delivery timings. A further phase of non-statutory consultation is now planned for Autumn 2026, with statutory consultation expected in 2027 and DCO submission anticipated in late 2028/29. While the revised programme delays the consent process, the reservoir remains on track to begin supplying water by 2039 at the earliest, with both projects forming key elements of the Government’s long-term water resources strategy.
Kingsway Solar Farm a proposed 500MW solar energy project with co-located battery storage to the south-east of Cambridge, reached a significant milestone in the Development Consent Order (DCO) process when an application was submitted to the Planning Inspectorate on 21 May 2026. However, the application was subsequently withdrawn on 16 June 2026 following discussions with the Planning Inspectorate, which identified shortcomings in the submission, including aspects of the supporting environmental information and documentation. The developer has confirmed that it intends to address these issues and resubmit the application, although no revised timetable has yet been announced. Updates can be viewed on the Planning Inspectorate website.
Rosefield Solar Farm a Nationally Significant Infrastructure Project (NSIP) comprising a solar farm and associated battery energy storage system near Little Horwood in Buckinghamshire, is currently at the Examination stage of the Development Consent Order (DCO) process. The Examination is due to conclude in August 2026. The Examining Authority will then make a recommendation to the Secretary of State, with a decision expected in early 2027.
The Grand Union Canal Transfer a proposed Nationally Significant Infrastructure Project (NSIP) to transfer treated recycled water from near Birmingham through the Coventry, Oxford and Grand Union canals to a new water treatment works and reservoir south of Milton Keynes, remains at the pre-application stage of the Development Consent Order (DCO) process. The scheme’s Phase Two public consultation closed on 2 April 2026, and the project team is now reviewing feedback to inform the next stage of the scheme’s design and development ahead of the anticipated DCO application in 2027. If consented, the project is expected to play an important role in improving long-term water security across the South East by transferring up to 115 million litres of water per day.
Universal Destinations & Experiences theme park and resort in Bedfordshire continues to progress following the grant of planning permission through a Special Development Order (SDO). With the principal planning consent now secured, the project has moved into the delivery phase, with enabling works, infrastructure planning and procurement activities progressing ahead of the main construction programme. The development is expected to generate significant wider economic benefits, creating demand for new hotels, leisure facilities and supporting tourism infrastructure across Bedfordshire and neighbouring authorities. As the project advances, opportunities are likely to emerge for complementary commercial, leisure and visitor accommodation development, with surrounding authorities expected to experience increased pressure to accommodate associated growth.
Recent Appeal Decisions
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- A full application for a care home and 8 dwellings on land south of Hutchinson Rise Potton was dismissed 22 April 2026 Ref: APP/P0240/W/25/3373674
- An outline application for residential development of up to 149 dwellings on land on the east Of Duck End Lane Wilstead was allowed 22 May 2026 Ref: APP/K0235/W/25/3376539
- An outline planning application for the erection of up to 70 dwellings on Land North of Little Horwood Road and Cherry Leas Great Horwood was allowed on 9 June 2026 Ref: 6003090
Other appeals which are pending include:
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- Littleton Manor Farm Bicester Road North-West Of Waddesdon HP18 0JR (Inquiry – 6 May 2026) APP/J0405/W/25/3376431
- Land at Bedford Road, Wixams, Bedford, MK45 3FB (Inquiry 1 December 2026) 6010279
- Land at Mount Pleasant Golf Course, Station Road, Lower Stondon, SG16 6JL (Inquiry – 12 January 2027) 6008979
Recent Planning Caselaw Updates
In the case of Titchfield Festival Theatre Ltd v SSHCLG [2026] EWCA Civ 368 the Court of Appeal clarified the operation of section 57(4) TCPA 1990, confirming that the correct approach is to apply the statutory counterfactual and assume the unlawful development had never occurred. The creation of a new planning unit through the unlawful works does not, of itself, extinguish previous lawful use rights. The judgment provides important guidance on the operation of section 57(4), particularly where enforcement action raises questions about the lawful use of land following unauthorised development.
In the case of Gladman Developments Ltd v SSHCLG [2026] EWHC 51 (Admin) the High Court quashed an inspector’s refusal of a 644-home scheme, and held that the inspector failed to carry out the necessary overall planning balance when considering the absence of a Sequential Test. Even where national policy requires a Sequential Test, inspectors must still undertake the overall planning balance rather than applying policy mechanistically. The decision reinforces that national policy should be applied with planning judgment, particularly where flood risk and housing delivery considerations are in play.
The Court of Appeal in Dharmeshkumar v SSHCLG [2026] EWCA Civ 247 held that appeals from the High Court under section 289 TCPA 1990 are “first appeals”, not “second appeals”. The ordinary permission to appeal test therefore applies, clarifying the applicable permission test for onward appeals in planning enforcement cases. The judgment clarifies the procedural route for planning enforcement appeals and makes it easier, in appropriate cases, to pursue an appeal to the Court of Appeal.
In the case of Leigh v SSHCLG [2026] EWHC 537 (Admin) the High Court reaffirmed that certificates of lawfulness depend on sufficient evidence to establish lawfulness on the balance of probabilities, while emphasising the limited scope for courts to interfere with inspectors’ factual findings. The case underlines the importance of robust evidence when seeking a certificate of lawfulness and demonstrates the deference given to inspectors’ factual assessments.
The Court of Appeal in R (Moran) v Medway Council [2026] EWCA Civ 484 considered the statutory power to revoke certificates of lawfulness and provided guidance on the circumstances in which that power may lawfully be exercised. The decision provides greater certainty for applicants and local planning authorities on the statutory requirements for revoking certificates of lawfulness.
In an unusual case, R (Ocean One Hundred Ltd) v New Forest National Park Authority [2026] EWCA Civ 493, the Court of Appeal considered the revocation of a certificate of lawfulness, confirming that revocation is confined to the statutory grounds in section 193(7) TCPA 1990. The Court also held that an apparently biased officer’s report may vitiate a revocation decision where it fails to present the issues fairly to members. The decision provides important guidance on both the limited statutory grounds for revoking certificates of lawfulness and the procedural fairness required when authorities exercise that power.
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