The Government’s new style Local Plan system marks a major shift in how plans are prepared, introducing statutory timescales, Gateway assessments and new opportunities for engagement. This blog highlights the key stages of the process and what the changes could mean for landowners, developers and the future of plan-making across England.
It is important to note that the plan-led system is alive and well – s38(6) of the PCPA 2004 is still in force.
So far so good. The development plan has, however become slightly more complicated. We now have Spatial Development Strategies (SDS), as well as Local Plans and Neighbourhood Development Plans, and Supplementary Plans to consider. For now, let’s look at the new style Local Plans.
The new style Local Plans must now be produced within a statutory 30 month timescale, and the details of the process to be followed have finally been published in both new regulations and new parts of the NPPG. The important stages in the NPPG are summarised here, and there is indeed a whole new terminology and set of Reg numbers to learn, but for those who are yet to wade through these details, here are some key insights:
The first stage that LPAs must complete is the publication of a Notice of Intention to Commence plan making. This snappily titled stage does NOT, however, mark the start of the ticking of the 30 month clock. It is what it says on the tin- a notice that the LPA is intending to start a local plan process. However, a timetable should be produced, setting out exactly when the main stages will be undertaken.
Following on from the Notice of Intention, a Scoping Consultation should be held. This stage also does NOT mark the start of the 30 month countdown… but it does mark the start of the LPA engaging on what the plan should contain- the Vision, spatial strategy, and even a Call for Sites. It is therefore a very important stage to be aware of as there are limited opportunities in the new system to influence what a plan should contain, and this is one of them. This stage is likely to be open-ended questions asking what the Local Plan should contain, but may include a Call for Sites, and indications of an emerging Spatial Strategy – so an opportunity to influence this crucial element of the plan at an early stage.
The 30 month timeline DOES commence when the LPA goes through the Gateway 1 self assessment, which is a checklist meant to ensure that it is ready for the plan making journey. The next two years is then the LPA’s window for developing the new local plan, along with all of the evidence, plan content, SEA and HRA processes, and consultation.
Within this time is a consultation on plan content and evidence, which should follow soon after the Gateway 1 stage. This consultation marks the only other opportunity to influence the shape and content of the plan after the earlier Scoping Consultation, and should set out the emerging Vision, Spatial Strategy, Objectives of the Plan, evidence base and site allocations – all of which will be subject to representations.
A Gateway 2 assessment, carried out by PINS, takes place after approximately a year to check that the LPA is on the right track, and should be followed by a consultation on the Proposed Local Plan - i.e., a full draft plan. This consultation is meant to be the final consultation stage in the process. A final Gateway 3 check is needed from PINS, before the LPA is allowed to submit the plan for Examination.
Finally, the Examination should take six months and be a relatively straightforward affair, given that PINS will have been involved throughout the plan making process… At least, that’s the idea!
A few reflections on this process
First, let’s hope that PINS are well resourced to deal with this. Although under the legacy Local Plan system there was always the opportunity for PINS to undertake a pre-submission health check of a Local Plan, there are now two statutory stages where PINS must check progress and only allow the plan to progress if satisfied that it’s on the right course… And then there is still an Examination to undertake at the end of it all.
Second, the 30 month timeline is statutory, but there are exceptions. If the LPA fails to pass Gateway 2 or Gateway 3, or the Examination requires further work to be done - the timeline will have to be extended, and the guidance doesn’t set out any clear sanctions if this occurs. There is the ever present threat that if progress on a Local Plan is not being made the Government could take over the plan making powers of the LPA, but the complications of when and how that might happen (and indeed who might take on the task) are for another day…
Third, putting the above reservation aside, the new timelines should enable anyone to understand when the key moments in the plan making process will occur. No more vague indications of ‘winter’, or Q4! Gateway 1 should occur at least 4 months after the Notice to Commence takes place. Once that Gateway is passed, Gateway 2 should occur a year later, and Gateway 3 should occur 23 months after Gateway 1. The consultations take place between each of these stages, and the LPA timeline should set out when they will occur. So, for example, an LPA which passes through Gateway 1 in October 2026, should have submitted the plan for Examination by October 2028, and should be adopting the plan in May 2029…
Fourth, to give even more certainty the Government has published guidance on the roll out of the new system, providing dates by when LPAs must commence plan making. These are:
If the LPA is not intending to follow the old system and submit a ‘legacy’ plan by 31st December 2026, it must publish the Notice to Commence by 31st December 2026 (or by the time its adopted plan is 4 years and 8 months old), and pass Gateway 1 by 30th April 2027 (or by the time its plan is 5 years old).
For those LPAs who submitted a plan by 12th March 2025 under the transitional arrangements set out in the NPPF of December 2024, and whose housing requirement will deliver 80% or less of the local housing need calculated using the ‘new’ standard methodology - they must publish a Notice to Commence by 30th June 2026 and pass Gateway 1 by 31st October 2026, even if the legacy Local Plan is still at Examination or recently adopted.
So that no one can be in any doubt, the guidance includes a list of LPAs to whom these dates apply – see here. It’s really worth looking at LPAs you may be involved with to see what their situation is. For example Teignbridge, which will adopt its new Local Plan on 19th May 2026, must publish its Notice to Commence in respect of its next, new style Local Plan, by 30th June 2026, meaning that there will immediately be another opportunity to promote land for new homes to make up the shortfall in numbers through a new Local Plan. And Teignbridge are by no means the only LPA in this position. We are very familiar with plan making in Teignbridge and many other local authorities across the South West and very happy to provide specific advice on the detailed positions in which LPAs find themselves in.
Finally, be aware of the other changes that are occurring to Planning and to Local Government at the same time as the new Local Plan system is being rolled out. Spatial Development Strategies, new Strategic Authorities, and the looming Local Government Reorganisation, and perhaps most significantly a new NPPF will all impact on the operation of the new local plan system. We’ll pick up some comments on all of these in future blogs, starting with the implications of the new NPPF…
How Origin3 can help
The changes to the Local Plan system are moving quickly, and the opportunities to influence plan-making are becoming more tightly defined. Whether you are promoting land for residential development, reviewing housing land supply positions, or preparing for engagement with emerging Local Plans, early strategy and timely intervention will be critical.
Origin3 works with landowners, developers, promoters and investors to navigate the evolving planning landscape and identify opportunities as new style Local Plans emerge across England.
If you would like to discuss how these reforms could affect your land interests, or need support engaging with an emerging Local Plan process, get in touch with the Origin3 team for advice. Call us on 0117 980 4900 or email info@origin3.co.uk.
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