Local Plans in 2026, Part 1: the final sprint for legacy plans
By David Coleman, Managing Director, DAC Planning
Local Plans in 2026 series, Part 1 of 2
For the first time, England has two plan-making systems running side by side. In this two-part series I look at what each means in practice for local planning authorities. Part 1 covers the legacy system, where more than 100 councils are racing to submit their plans. Part 2 covers the new 30-month system that went live in March.
Legacy plans must now be submitted by 31 March 2027 at the latest, and the Minister has said there will be no further extensions.
A patchwork legal basis
The new system commenced on 25 March 2026 through the Levelling-up and Regeneration Act 2023 (Commencement No. 11 and Saving and Transitional Provisions) Regulations 2026 (SI 2026/169). Schedule 1 saves Part 2 of the Planning and Compulsory Purchase Act 2004 and the 2012 Local Planning Regulations for qualifying plans, with one important exception: section 33A, the Duty to Cooperate, is not saved.
Legacy plans had to be submitted by 31 December 2026, unless the Secretary of State directed a later date. No new supplementary planning documents could be adopted after 30 June 2026. Legacy plans continue to be examined against the December 2024 NPPF.
Shifting expectations at examination
A series of Ministerial letters to the Planning Inspectorate has reshaped examinations:
July 2024: pragmatism only where a plan can be made sound with limited additional work, and pauses usually no longer than six months.
November 2025: the Government announced it would revoke the Duty to Cooperate for the legacy system, delivered by SI 2026/169 in March 2026.
July 2026: inspectors asked to take a pragmatic, proportionate approach to
deliverability and viability, judged over the whole plan period rather than current market conditions.
Ministerial letters and legislation have steadily changed what is expected at examination
The end of the Duty as a legal test is significant, as it was one of the most common reasons plans failed. But cooperation still matters: the 2024 NPPF soundness tests still expect effective joint working on cross-boundary strategic matters.
An unprecedented year of intervention
2026 has seen more Ministerial intervention in local plans than ever before. At least 11 councils across the country have had intervention or holding directions published this year. The directions range from setting firm submission dates to requiring additional housing sites, including in the Green Belt. The message is clear: pausing a plan or removing sites now carries a real risk of the Government stepping in.
A final extension
On 23 October 2026, the Housing and Planning Minister extended the legacy submission deadline from 31 December 2026 to 31 March 2027. The conditions are:
the final Regulation 19 consultation must have closed by 31 December 2026;
councils submitting after 31 December must send MHCLG an updated Local Development Scheme by the end of November;
plans already subject to an individual submission direction must request their own amendment;
councils already on track should keep to their existing timetables.
The scale of what is heading for examination is extraordinary. In 2025, 36 councils submitted local plans. In May 2026, the Planning Inspectorate said more than 100 planned to submit during 2026, and 56 plans reached Regulation 19 consultation this year.
Four risks for legacy plans
1. Adopted into a different policy world
Legacy plans are examined against the December 2024 NPPF, but from the day they are adopted, decisions will be taken against the August 2026 NPPF. Its implementation annex says that local policies "materially inconsistent" with the new national decision-making policies should be given "very limited weight".
2. Big growth without a strategic plan
Legacy plans are being prepared without a Spatial Development Strategy. There is no apportionment of need, so each area must plan for its own requirement, which has risen sharply in many places under the revised standard method.
Many plans now include very large allocations or new settlements, which ideally belong in an SDS. These need major infrastructure investment, often without external funding. That leaves developer contributions to fill the gap, putting pressure on viability. And council teams, and the consultancies supporting them, are more stretched than ever.
3. The Oxford effect
In June 2026, the High Court ordered Oxford City Council not to submit its local plan pending a judicial review. The claim argued that, under the Strategic Environmental Assessment Regulations 2004, Full Council must take account of the Regulation 19 responses before deciding to submit. Oxford's decision had been taken before that consultation. The council resolved the issue by returning to Full Council in July and then submitted its plan.
The ripple effect has been significant. Many councils had planned to submit using delegated authority granted before Regulation 19. Now many are adding an extra Full Council meeting after the consultation closes, with all the lead-in times that brings. In my view, this is one of the main reasons the Minister granted the extension.
4. The 2027 examination peak
Lichfields projects around 115 local plan submissions in 2026/27, compared with 25 in 2025/26. The Planning Inspectorate has recruited more than 30 additional inspectors but faces a real dilemma. It will not want prolonged examinations of plans that may be deficient, yet the Government wants as many plans as possible adopted.
Local plan submissions are set to more than quadruple in 2026/27
With many plans rushed to meet the deadline, I expect a lot of main modifications, focused hearings and further work. Viability and infrastructure will be the pinch points.
Four takeaways for legacy plans
Finish the sprint well. Use the extension to get governance right, including a Full Council decision to submit after Regulation 19, and to get submission documents in order.
Mind the policy gap. Strip out duplication of national policy where you can and consider compliance against the NPPF 2026.
2027 will test pragmatism. Expect a bottleneck at examination. The Minister's call for pragmatism helps, but it is not a licence for weak evidence.
Growth needs strategy and funding. Strategic planning and national infrastructure investment must catch up with housing need.
The Government is serious about every area having an up-to-date plan and is prepared to use both incentives and intervention to achieve it.
How DAC Planning can help
DAC Planning works only for the public sector. Since 2016 we have provided plan-making support to more than 125 local authorities, and in 2025 we received an RTPI Award for Planning Excellence.
We are currently helping councils across the country get legacy plans over the line. Our support includes submission readiness reviews, evidence base preparation, examination programme management, hearing support and responding to inspectors' questions.
If you would like to talk about your plan, please get in touch at david@dacplanning.com
Next in the series
In Part 2, I look at the new plan-making system: how the 30-month process and the three gateways work, what the 2026 NPPF asks of local plans, and the challenges facing the first councils to start.
This information is for general informative purposes only. Whilst every effort has been made to ensure its accuracy, DAC Planning accepts no liability whatsoever for any direct or consequential loss arising from its use.
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