05.05.2026
The English Devolution and Community Empowerment Act has now come into force, marking an important step in the Government’s wider programme of planning reform and regional devolution. The legislation strengthens the role of strategic authorities and elected mayors, introducing new layers of governance, plan‑making and intervention powers that will influence how development comes forward across England.
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While many of the changes will unfold over time through regulations and guidance, the Act signals a clear shift towards more strategic, place‑based planning at a wider-than-local authority scale. Please read on to see some of the way ways in which the new legislation will impact planning and development.
Central to the Act is the introduction of a refreshed devolution framework, built around a range of strategic authorities, including combined authorities, combined county authorities and existing mayoral bodies.
These authorities will play a greater role in shaping long‑term growth through the preparation of strategic spatial plans, setting high‑level priorities for housing, infrastructure, regeneration and land use across wider geographies. For areas without recent experience of strategic planning, this represents a significant change in how planning policy is developed and coordinated.
The legislation also expands the influence of elected mayors, particularly in relation to large or strategically important development proposals.
Mayors will have new powers to become directly involved in certain planning applications, alongside enhanced abilities to bring forward development through mechanisms such as Mayoral Development Orders and Mayoral Development Corporations. In practice, this is likely to increase the political dimension of decision‑making on major sites and infrastructure‑led schemes.
The Act reinforces the role of strategic authorities in land assembly, regeneration and housing delivery, providing greater scope for public sector intervention where this supports growth and infrastructure provision.
In parallel, mayors will be able to introduce a mayoral‑level infrastructure levy, once a strategic spatial plan is in place. This raises important considerations around viability, funding certainty and how strategic infrastructure is prioritised and delivered.
Following debate during the passage of the legislation, the final Act includes a requirement for strategic planning authorities to give weight to the desirability of prioritising previously developed land.
This reinforces the Government’s long‑standing brownfield‑first approach and is likely to influence how strategic plans identify growth locations, particularly in areas facing pressure to review Green Belt boundaries.
The Act also addresses legal constraints affecting some former open space sites, providing additional clarity where land is no longer serving a public open space function. This introduces greater flexibility in specific circumstances, although careful planning judgement will remain essential.
From a practical standpoint, the new devolution landscape is likely to:
At DHA Planning, we are already advising clients on how emerging strategic planning arrangements, mayoral powers and infrastructure mechanisms may influence site promotion, planning applications and delivery programmes. As regulations and guidance are brought forward, we will continue to provide clear, proportionate advice to help navigate the evolving planning system.
* This article reflects recent industry commentary and legislative developments following the English Devolution and Community Empowerment Act.
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