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2026 Planning News Update – Q3
Q3 2026 has been another significant period for the planning system in England, with the publication of a new National Planning Policy Framework, changes to Biodiversity Net Gain, confirmation of further increases to planning application fees and continuing reforms to planning committees and statutory consultees.
With the end of 2026 approaching, Local Planning Authorities are also progressing Local Plans under both the existing and new plan-making systems, while a number of major infrastructure projects across the region continue through the Development Consent Order process.
New National Planning Policy Framework
A new National Planning Policy Framework (NPPF) was published on 17 August 2026, representing the first comprehensive rewrite of the Framework since it was introduced in 2012.
The new NPPF has been substantially restructured, with separate policies for plan-making and decision-making. Key changes include a new permanent presumption in favour of sustainable development, stronger support for development around well-connected railway stations and a continued emphasis on increasing housing delivery and making effective use of land.
The decision-making policies took effect immediately and are now relevant to the determination of planning applications and appeals.
The changes are extensive and further detail and commentary can be found in Landmark Chambers’ review of the new NPPF.
Planning Application Fees
National planning application fees are expected to increase from 8 December 2026, following the Government’s review of planning fees.
The new national default fee schedule is intended to bring planning fees closer to the actual cost of processing applications, with the Government estimating the new fees at approximately 90% of cost recovery. The increases vary according to application type, meaning that some categories will experience considerably larger increases than others.
Separate regulations will subsequently introduce local fee setting, allowing individual planning authorities to vary the national default fees where justified by their costs. Local authorities will not be permitted to charge more than the cost of providing the relevant service and will be required to demonstrate how locally-set fees have been calculated.
The Government currently expects councils to begin using these powers during the 2027/28 financial year.
Anyone considering submitting a planning application towards the end of the year should therefore be aware of the forthcoming national fee changes.
Biodiversity Net Gain
Significant changes to the Biodiversity Net Gain (BNG) regime came into effect on 6 August 2026.
Planning applications for development on sites of 0.2 hectares or less are now generally exempt from mandatory BNG, provided that priority habitat is not adversely affected.
A new exemption has also been introduced for wholly temporary developments permitted for five years or less, again subject to safeguards relating to priority habitat.
At the same time, the previous BNG exemption for self-build and custom-build housing was removed for new planning applications submitted on or after 6 August 2026. Applications made before that date retain the benefit of the previous exemption.
For minor developments which remain subject to BNG, the biodiversity gain hierarchy has also been modified, providing greater flexibility to proceed directly to off-site delivery where appropriate.
Planning Committee Reform
The new National Scheme of Delegation for planning decisions is due to come into force on 31 October 2026.
The reforms will significantly reduce the discretion currently available to individual councils over which planning applications are determined by Planning Committee and which are decided by officers under delegated powers.
The intention is for committees to concentrate on applications raising the most significant planning issues, while more routine applications are determined by officers.
Government guidance confirms that councils will need to comply with the new arrangements from 31 October and warns that decisions made by committees where an application should have been delegated could potentially be subject to legal challenge.
For applicants, the changes should provide greater consistency between authorities over the route by which planning applications are determined.
Statutory Consultees
The Government has also confirmed reforms to the statutory consultee system following consultation earlier this year.
The changes are intended to reduce unnecessary consultation and delays in determining planning applications, while concentrating specialist advice on proposals where it is genuinely required.
The new NPPF also seeks to streamline consultation on planning applications, with Policy DM3 encouraging authorities to consult statutory and internal consultees only where necessary and avoid delaying decisions beyond statutory consultation deadlines except in specified circumstances.
Housing Delivery Test
The Government published updated Housing Delivery Test results for both 2024 and 2025 alongside the new NPPF on 17 August 2026, together with a revised Housing Delivery Test Rule Book.
The 2025 results are now relevant to planning decisions and may have important implications for authorities where housing delivery has fallen below the required level, including the application of the consequences set out within national planning policy.
Local Plans
Local Plan preparation continues at pace across England as the transition to the new plan-making system gathers momentum.
Authorities seeking to progress Local Plans under the previous system are approaching the 31 December 2026 submission deadline, while authorities moving into the new system are beginning the new Gateway process.
Under the new arrangements, Gateway 1 involves an authority assessing and publishing its readiness to commence the formal 30-month Local Plan preparation process. The Planning Inspectorate published further procedural guidance for Examinations and Gateways in August.
Further information on Local Plan progress across our area can be found on our Regional Pages.
National Infrastructure Projects
East Park Energy, promoted by Brockwell Storage and Solar, comprises a major solar farm and battery energy storage project on land to the north-west of St Neots across parts of Bedfordshire and Cambridgeshire. The Development Consent Order Examination closed on 16 September 2026. The Examining Authority will now prepare its recommendation to the Secretary of State, with a decision anticipated in March 2027.
The Bedford to Cambridge section of East West Rail, including proposed new stations at Bedford St Johns, Tempsford and Cambourne, continues through the pre-application stage of the Development Consent Order process. Formal submission of the DCO application is currently expected in 2027.
The Fens Reservoir, proposed near Chatteris by Anglian Water and Cambridge Water, remains at the pre-application stage but its programme has been extended. The next phase of consultation is now expected in mid-2027, with submission of the Development Consent Order application anticipated in late 2028. The revised timetable allows further work on the design, environmental assessments and construction and transport proposals.
The Lincolnshire Reservoir is progressing on a longer programme, with its Development Consent Order submission currently anticipated in 2028/29.
The Rosefield Solar Farm, near Little Horwood in Buckinghamshire, completed its six-month Development Consent Order Examination in August 2026. The Examining Authority will now prepare its recommendation before a decision is made by the Secretary of State, currently expected in early 2027.
The Kingsway Solar Farm, a proposed 500MW solar development in Cambridgeshire, remains outside the formal DCO process following withdrawal of its application in June 2026. The developer has confirmed that it intends to address the issues identified during discussions with the Planning Inspectorate and resubmit the application, although no revised submission date has yet been announced.
The Grand Union Canal Transfer remains at the pre-application stage. Following completion of its Phase Two consultation in April 2026, the project team has continued engagement with communities, landowners and stakeholders while the scheme is developed towards a future DCO application.
Universal Destinations & Experiences continues to progress its new theme park and resort in Bedfordshire, with enabling works underway and opening planned for 2031. In September, Universal announced the first 23 companies appointed to support construction, including a number of major UK construction, engineering and consultancy firms. Universal has also held its first supplier engagement events as opportunities for UK and regional businesses begin to emerge through the project’s construction and wider supply chain.
Chatteris Wind Farm, a new onshore wind project proposed by Vattenfall on land south of Chatteris and west of Sutton and Mepal, was announced in September 2026. The emerging scheme comprises up to 15 wind turbines, with a maximum tip height of 220 metres and potential generating capacity of up to 126MW. The project is being progressed as a Nationally Significant Infrastructure Project and is currently at the pre-application/scoping stage, with local engagement commencing in October 2026 and submission of a Development Consent Order application currently anticipated in Autumn 2027. Further information is available on the Planning Inspectorate website.
Recent Appeal Decisions
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- An outline application for up to 90 dwellings etc on Land North of Hall End Road, Wootton, Bedfordshire was allowed 24 July 2026 Appeal Ref: 6004689
- An outline application for development of up to 600 dwellings etc on Land North of A507, West of A10, Buntingford was allowed 24 September 2026 Appeal Ref: 6008238
- An outline application for up to 66 dwellings etc on Land East of College Road South, Aston Clinton, Bucks was allowed on 24 September 2026 Appeal Ref: 6008253
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 to the West of Barnet Road, and East of Baker Street, Potters Bar, EN6 2ES (Inquiry – 19 May 2026) 6011207
- 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
- Land West Of Hurricane Avenue, Lower Stondon, SG16 6NW (Hearing) 6009682
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Recent Planning Caselaw Updates
The case of Greystoke CB Ltd v Secretary of State [2026] EWHC 1997 (Admin) provides useful clarification on when highway impacts can justify the refusal of planning permission. The High Court held that the Inspector had failed properly to apply the NPPF after finding that the congestion impacts would be significant but would not meet the “severe” threshold. The judgment is particularly relevant where a Highway Authority identifies congestion, capacity or other highway concerns but the evidence does not demonstrate that the NPPF threshold for refusing development on highway grounds has been reached.
The Faversham Town Council v Secretary of State [2026] EWHC 1651 (Admin) case considered a housing development where parts of the site were affected by flood risk but mitigation measures would enable the development to be made safe. The Court upheld the Inspector’s approach that, although failure to undertake the required Sequential Test represented conflict with national policy, this did not automatically require refusal. The Inspector was entitled to consider that conflict within the wider planning balance, including the fact that mitigation would make the development safe and that no “real world” flood harm had been identified.
The case of R (Staunch Campaign Ltd) v North Northamptonshire Council [2026] EWHC 1962 (Admin) concerned a major employment development close to the Upper Nene Valley Gravel Pits Special Protection Area. Of particular importance was the use by protected bird species of land outside the formal SPA boundary. Such land can potentially constitute “functionally linked land” where it performs an important ecological function for species associated with a protected site. The judgment provides useful guidance on the approach to impacts arising outside the formal boundaries of internationally protected habitats. This issue is becoming increasingly important for development proposals close to Special Protection Areas and Special Areas of Conservation, where ecological effects can extend well beyond the designated boundary.
In the case of R (Old Chiswick Protection Society) v London Borough of Hounslow [2026] EWHC 2278 (Admin), planning permission was quashed where criticisms of a development conflicted with conclusions previously reached by a Planning Inspector, without the decision-makers being properly informed about those earlier findings or the reasons for taking a different approach. The case reinforces the importance of identifying relevant previous decisions and dealing properly with any apparent inconsistency. For applicants, this may be particularly helpful where an earlier appeal decision contains favourable findings about matters such as design, character, residential amenity or the principle of development.
The challenge in R (Rodmersham Parish Council) v Swale Borough Council [2026] EWHC 2381 (Admin) concerned planning permission for a 41MW solar farm and raised a number of issues relating to the decision-making process. One useful aspect of the judgment concerned the timing of publication of a planning obligation. The Court distinguished between a committee resolving to grant planning permission and the application being finally disposed of when permission is subsequently issued. The judgment provides useful clarification on planning procedure where a Section 106 agreement or unilateral undertaking is being completed following a committee resolution.
The case of Lochailort Kentford Ltd v West Suffolk Council [2026] EWHC 1870 (Admin) arose from the preparation of the West Suffolk Local Plan and concerned the treatment of land which had not been allocated for development despite part of the site subsequently appearing on the Brownfield Land Register. The case considered arguments about consistency in the assessment of land through different parts of the planning system. It is particularly relevant to landowners and developers promoting sites through emerging Local Plans and demonstrates the importance of ensuring that the evidence supporting or rejecting potential development sites is robust and consistent.
How this affects you
The planning system has changed considerably during 2026 and further changes will take effect before the end of the year.
The new NPPF is already influencing planning applications and appeals, while changes to BNG may significantly reduce requirements for some smaller developments. Conversely, the removal of the self-build BNG exemption means that early consideration of biodiversity requirements will now be increasingly important for self-build schemes.
With higher planning fees taking effect in December, new committee arrangements commencing in October and Local Plans progressing rapidly across the region, obtaining early and site-specific planning advice remains important.
Please get in touch if you would like to discuss how any of the latest changes could affect your land or development proposals.
At J & J Planning & Design, we continue to monitor new planning legislation, policy, appeal decisions and case law and consider how these developments may affect our clients’ sites and development proposals.
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