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The Planning System is Changing: What Every Landowner and Developer Needs to Know in 2026

Expert commentary from Batcheller Monkhouse Planning & Development

The planning system is changing fast. In fact, planning reform 2026 has brought England the most significant wave of policy change in a generation. If you own land, hold a development aspiration, or advise in this space, now is the time to pay attention.

At Batcheller Monkhouse, our Planning & Development team advises clients across Sussex, Kent and Surrey through this shifting landscape every day. So here is our plain-English guide to what is changing, what it means, and what you should do now.


The Planning and Infrastructure Act 2025

Planning consultant reviewing architectural drawings and development plans - planning reform 2026 advice for landowners in Sussex and Kent

The Planning and Infrastructure Act received Royal Assent in 2025 and forms the cornerstone of planning reform 2026 in England. Its ambitions are significant. The Act streamlines the consenting process for major infrastructure, reforms how planning authorities operate, and removes bottlenecks that have slowed housing delivery for years.

For landowners and developers, the key question is how these structural changes translate into opportunity on the ground. In our experience, periods of systemic reform create both risk and real advantage. Those who take advice early are best placed to benefit.

New Local Planning Regulations

The Town and Country Planning (Local Planning) (England) Regulations 2026 will fundamentally change how Local Plans are prepared, adopted and reviewed. Many Local Planning Authorities already struggle to maintain up-to-date plans. These new regulations will place additional pressure on their timetables.

This matters because an out-of-date Local Plan weakens the policy framework for assessing planning applications. Where authorities cannot demonstrate a five-year housing land supply, applicants can challenge refusals more robustly. As a result, we already see an increase in speculative applications as developers and promoters take advantage of these policy voids.

If you own land in an area where the Local Plan is under review or overdue, now is the time to understand your position.


A New National Planning Policy Framework

Aerial view of a strategic land site in Sussex - farmland adjacent to a settlement boundary showing development potential in the South EastAerial view of a strategic land site in Sussex - farmland adjacent to a settlement boundary showing development potential in the South East

The revised National Planning Policy Framework is one of the most consequential policy changes of the decade. It reshapes the weight given to housing need, the treatment of Green Belt and Grey Belt land, and the approach to sustainable development more broadly.

For our clients, the planning reform 2026 brings to the NPPF raises important questions about sites previously ruled out. It also opens doors for land that was previously unpromotable. We are actively reviewing client landholdings in light of the emerging policy direction.

Planning Committee Reform

One of the less-reported but highly significant changes is Planning Committee reform. The Government aims to reduce the ability of councillors to override officer recommendations on straightforward applications, particularly for housing. In theory, this should reduce the unpredictability that has long frustrated developers and applicants.

However, in practice, the impact will vary authority by authority. Navigating that variation requires local knowledge and experience.


Biodiversity Net Gain: The Rules Are Changing Again

Mandatory Biodiversity Net Gain came into force for most developments in late 2023, but the requirements continue to evolve. Further changes to BNG obligations arrive in 2026. These include updates to how biodiversity units are calculated, traded and monitored.

For landowners with the right land type, BNG offers a genuine long-term income opportunity. For developers, getting the BNG strategy right from the outset avoids costly delays at application stage. We advise on both sides of this equation.

What Should You Do Now?

Whether you are a landowner exploring development potential, a developer monitoring policy changes across the South East, or a rural estate navigating BNG obligations, the message is the same: don’t wait for the dust to settle.

The planning system rewards those who engage early, understand the policy landscape, and take professional advice before others do. For the latest government guidance on planning policy, visit the National Planning Policy Framework on GOV.UK.

Clare Bartlett leads Planning advice for West Sussex at Batcheller Monkhouse, working with landowners, developers, promoters and rural estates across Sussex and Surrey.

Speak to our Planning & Development team today

We advise landowners, developers, promoters and rural estates across Sussex, Kent and Surrey.