New Legislation – 3 new SIs relating to infrastructure planning (24/07/2026) …

The following 3 new Statutory Instruments (SIs) come into force on 24/07/2026:

New Legislation:

  • July 2026: SI 2026 No. 728 - The Infrastructure Planning (Timetable for Deciding Request for Direction) Regulations 2026 (pdf) (link).
  • July 2026: SI 2026 No. 735 - The Infrastructure Planning (Development Consent) (Miscellaneous Amendments) Regulations 2026 (pdf) (link).
  • July 2026: SI 2026 No. 737 - The Infrastructure Planning (Rights of Entry Notice) Regulations 2026 (pdf) (link).

Notes:

  • The above SI 2026 No. 735 makes amendments to the following SIs:
    - The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009.
    - The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011.
  • For SI 2026 No. 728, the "Explanatory Note" (link) at the end of this SI includes the following information:
    - "The Planning Act 2008 (c. 29) ("the 2008 Act") provides for the granting of development consent for certain types of nationally significant infrastructure projects.".
    - "These Regulations [SI 2026 No. 728] set out the timetable for deciding a qualifying request for a direction given under section 35B(1) of the 2008 Act, which disapplies the requirement for development consent.".
    - "Regulation 2 [of SI 2026 No. 728] requires the Secretary of State to make a decision on a qualifying request before the end of the period of 35 days beginning with the day on which the request is received, subject to regulation 3 [of SI 2026 No. 728].".
    - "Regulation 3 [of SI 2026 No. 728] provides that if the Secretary of State requests information for the purposes of making their decision, any information must be provided before the secondary deadline and the Secretary of State must make a decision on the request within 35 days, beginning with the day after the secondary deadline or the day after any information is received, whichever is sooner.".
  • For SI 2026 No. 735, the "Explanatory Note" (link) at the end of this SI includes the following information:
    - "Regulation 2 [of SI 2026 No. 735] amends [The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009] and regulation 3 [of SI 2026 No. 735]  amends [The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011]. Several of the amendments are consequential on changes to the pre-application consultation requirements for nationally significant infrastructure projects under the Planning Act 2008 (c. 29) ("the 2008 Act"), as amended by the Planning and Infrastructure Act 2025 (c. 34) ("the 2025 Act"). The Regulations [SI 2026 No. 735] also make changes to update cross-references to related statutory instruments, along with other minor and correctional amendments.".
  • For SI 2026 No. 737, the "Explanatory Note" (link) at the end of this SI includes the following information:
    - "The Planning Act 2008 (c. 29) ("the Act") provides for the granting of development consent for certain types of nationally significant infrastructure projects. Section 53(1) of the Act provides an authorised person with the right to enter any land in connection with an application, proposed application or order granting development consent for the purpose of surveying and taking levels of it, or in order to facilitate compliance with the provisions mentioned in section 53(1A) of the Act. A person exercising a right of entry onto any land must provide at least 14 days' notice of the intended entry to every owner or occupier of the land.".
    - "Regulation 3 [of SI 2026 No. 737] prescribes the information that must be included in, and must accompany, the rights of entry notice.".

Other Sources of Information:

  • September 2025: Consultation on streamlining infrastructure planning (link) (pdf print version of HTML webpage).
    - Note: For more information about the above document, please view this post.
  • July 2026: Consultation on streamlining infrastructure planning - government response (link) (pdf print version of HTML webpage).
    - Note: For more information about the above document, please view this post.
  • July 2026: Government press release - "Fastest infrastructure building in a generation as planning rules overhauled" (link).
  • July 2026: "Explanatory Memorandum" to SI 2026 No. 728 (pdf) (link).
  • July 2026: "Explanatory Memorandum" to SI 2026 No. 735 (pdf) (link).
  • July 2026: "Explanatory Memorandum" to SI 2026 No. 737 (pdf) (link).

Updates to the Planning Jungle website: