England planning rules for CPOs and EDPs from Feb 2026
England’s planning, land acquisition and nature recovery rules step through several start dates in early 2026. The Commencement Regulations (SI 2025/1370) were made at 2.20 p.m. on 18 December 2025 and signed by Minister of State Matthew Pennycook on behalf of the Secretary of State. Some powers began on 19 December 2025, most planning and acquisition changes start on 18 February 2026, and a new annual reporting duty follows on 1 April 2026. Source: legislation.gov.uk.
Commencement regulations are the on–off switch for Acts of Parliament. When a major law passes, different parts often begin at different times so councils, agencies and communities can get ready. These regulations turn on selected provisions of the Levelling-up and Regeneration Act 2023 and the Planning and Infrastructure Act 2025 for England, setting clear dates people can plan around.
Compulsory purchase orders (CPOs) gain a new tool called conditional confirmation from 18 February 2026. A confirming authority in England will be able to approve an order now but make its use dependent on stated conditions. The change comes via sections 183 and 184 of the 2023 Act and related schedules amending the Acquisition of Land Act 1981. It applies to orders confirmed by authorities other than the Welsh Ministers and to drafts prepared by acquiring authorities other than the Welsh Ministers.
Picture this in practice. A council seeks to acquire a long-derelict factory for social homes and a health hub. Under the new approach, the CPO could be confirmed with a condition such as “only exercisable once planning permission is granted” or “only after funding is secured”. What this means: you get earlier certainty that change is coming, while owners keep protection because powers cannot be used until the condition is met. Orders first advertised before 18 February 2026 stay under the old confirmation rules.
Notices and vesting procedures are also being simplified. Newspaper notices will require clearer, simpler land descriptions so residents can understand what is affected. Two further changes use the general vesting declaration route to cut delay: an expedited process where land is unoccupied or no one with an interest can be identified, and a route to bring vesting forward by agreement with known owners. Powers to make the detailed regulations started on 19 December 2025; the operative vesting changes begin on 18 February 2026 in England.
Think of a flood defence held up by a tiny strip of unregistered riverbank. Under the expedited route, that strip can vest in the acquiring authority sooner after the required notices, letting works get moving. What this means: faster delivery where ownership is unclear, with compensation still payable if someone later proves an interest under the standard rules. A safeguard applies: these expedited vesting amendments do not apply to acquisitions authorised before the new sections start.
Environmental Delivery Plans (EDPs) are now in development. Since 19 December 2025, Natural England can begin preparing EDPs that set an area and time period, describe environmental features and impacts, and set out the conservation measures needed. The law also enables a nature restoration levy, with charging schedules to be set in regulations so the costs of restoring nature are planned and predictable.
You will see clear steps before an EDP is finalised. Natural England must notify the Secretary of State when it decides to draft an EDP and publish that notice, then consult. Public authorities carry general duties when exercising functions linked to EDPs and must co-operate with Natural England, giving reasonable assistance on data and delivery. What this means: councils, highways teams and agencies should line up evidence and staff time; communities should look out for consultation points and shape priorities locally.
Development corporations receive a tidy set of updates from 18 February 2026. The law clarifies how different corporation types relate, resolves overlaps in favour of the higher-tier authority, and standardises objectives on sustainable development, climate change and good design. The list of infrastructure they can provide is equalised with Mayoral Development Corporations. What this means: if your area is proposed for a corporation, the toolkit is more consistent across models.
National Policy Statements (the policies that steer major projects) will now be reviewed and updated at least every five years from 18 February 2026, with an extra parliamentary step for material policy changes and a revised route for legal challenges. What this means: big energy, transport or water schemes will be guided by policy that is refreshed on a predictable cycle, and Parliament’s role in significant edits is clearer.
Keep the dates straight. Powers to make detailed regulations and the first steps for EDPs began on 19 December 2025. The main CPO, development corporation and National Policy Statement provisions start on 18 February 2026. Natural England’s annual reporting duty on EDPs starts on 1 April 2026. If you are running a live CPO, check when your first notice was published: orders first advertised before 18 February 2026 are not caught by the new conditional confirmation rules.
What you can do now. If you work in a council, audit your CPO pipeline, update your notice templates, and nominate a lead for co-operation requests from Natural England. If you are a developer or landowner, plan for faster vesting where appropriate and factor in the future nature restoration levy as charging schedules emerge. If you are a resident or teacher, watch for EDP notices and consultations and use them as real-world case studies in lessons or community forums. This guide is for understanding, not legal advice. Source: legislation.gov.uk (SI 2025/1370).