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Statutory Instruments

2026 No. 168 (C. 15)

URBAN DEVELOPMENT, ENGLAND

The Levelling-up and Regeneration Act 2023 (Commencement No. 10) Regulations 2026

Made

at 2.30 p.m. on 2nd March 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by section 255(7) of the Levelling-Up and Regeneration Act 2023(1).

Citation

1. These Regulations may be cited as the Levelling-up and Regeneration Act 2023 (Commencement No. 10) Regulations 2026.

Provisions of the Act coming into force on 14th April 2026

1. The following provisions of the Levelling-Up and Regeneration Act 2023 come into force on 14th April 2026—

(a) section 174 (planning functions of urban development corporations);

(b) section 175 (planning functions of new town development corporations);

(c) section 176 (mayoral development corporation as mineral and waste planning authority);

(d) section 177 (minor and consequential amendments);

(e) section 178 (removal of restrictions on membership of urban development corporations and new town development corporations);

(f) section 179 (removal of limits on borrowing of urban development corporations and new town development corporations);

(g) Schedule 17 (planning functions of development corporations: minor and consequential Amendments).

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Matthew Pennycook

Minister of State

Ministry for Housing, Communities and Local Government

at 2.30 p.m. on 2nd March 2026

Explanatory Note

(This note is not part of the Regulations)

These Regulations are the 10th commencement regulations under the Levelling-up and Regeneration Act 2023 (“ the Act ”).

Regulation 2 brings into force on 14th April 2026 a number of provisions of the Act.

Regulation 2(a) brings into force section 174 of the Act, which allows the Secretary of State to make an order, making an Urban Development Corporation the local planning authority for the purposes of plan-making and neighbourhood planning. This section also amends the Local Government, Planning and Land Act 1980 (“ the 1980 Act ”) to remove references to specific legislation in relation to planning functions listed in Schedule 29 to the 1980 Act, and inserts new subsections (3A) and (4A) into section 149 of the 1980 Act, permitting specific planning functions to be passed to Urban Development Corporations, and allows the corporation to take on functions set out in Schedule 8 to the Electricity Act 1989 for consenting planning applications. This section also inserts new section 149A into the 1980 Act, which provides that an Urban Development Corporation, may make arrangements for the discharge of its development management functions, in whole or part, by the relevant council(s) or to seek assistance from the relevant council(s) in the discharge of its other planning functions.

Regulation 2(b) brings into force section 175, which inserts new section 7A into the New Towns Act 1981 (“ the 1981 Act ”), enabling the Secretary of State to make an order, making a New Town Development Corporation the local planning authority separately or collectively, in whole or part, for its area for the purposes of local plan-making and neighbourhood planning, as well as the minerals and waste planning authority for the purposes of plan-making. This section also provides that the New Town Development Corporation is to have other planning functions under Part 1 and Part 2 of Schedule 29 to the Local Government Planning and Land Act 1980 and can take on functions set out by Schedule 8 to the Electricity Act 1989 for consenting planning applications. Section 175 also inserts new section 7B into the 1981 Act, permitting a New Town Development Corporation to make arrangements for the discharge of its development management functions, in whole or part, by the relevant council(s) but without prejudice to its own ability to perform those functions. This power also allows a New Town Development Corporation to delegate its functions to the relevant council(s) in the area, and to require their assistance in the discharge of other planning functions including local plan-making functions and waste and minerals plan-making functions. Section 175 permits the New Town Development Corporation to discharge functions that are authorised or required to be done by the corporation to be done by a member of the corporation or of its staff, or by a committee or sub-committee, as well as other governance provisions in relation to the corporation’s membership.

Regulation 2(c) brings into force section 176, which amends sections 202 to 204 of the Localism Act 2011 (“ 2011 Act ”). Section 176 inserts new subsection (3A) into section 202 of the 2011 Act, permitting a Mayor to decide on a case-by-case basis whether a Mayoral Development Corporation should become the minerals and waste planning authority for the purpose of plan-making, for the whole or any part of the Mayoral development area. Section 176 also amends section 203 of the 2011 Act, permitting the Mayoral Development Corporation to seek assistance from the relevant council(s) in the discharge of its minerals and waste functions. This section also amends section 204 of the 2011 Act, providing that, if an order establishing a Mayoral Development Corporation has been made, the Mayor may decide to remove the corporation’s planning functions, or apply restrictions to their use.

Regulation 2(d) brings into force section 177 which refers to Schedule 17 to the Act which makes minor and consequential in relation to the planning functions of development corporations.

Regulation 2(e) brings into force section 178, amends Schedule 26 to the Local Government, Planning and Land Act 1980 and section 3 of the New Towns Act 1981. It removes the previous board membership cap and the need to set board membership numbers out in an order establishing a New Town Development Corporation or Urban Development Corporation.

Regulation 2(f) brings into force section 179, which amends paragraph 8 of Schedule 31 to the Local Government, Planning and Land Act 1980 and section 60 of the New Towns Act 1981. These financial provisions set limits on what can be borrowed by an Urban Development Corporation or a New Town Development corporation from HM Treasury, or any other person with the approval of HM Treasury and the consent of the Secretary of State. The amendments to paragraph 8 of Schedule 31 to the 1980 Act and section 60 of the 1981 Act, removes the financial and borrowing limits for English Urban Development Corporations and New Town Development Corporations on money borrowed after the commencement of section 179.

Regulation 2(g) brings into force Schedule 17 to the Act which makes amendments consequential on sections 174 and 175 of the Act and other minor amendments in connection with the planning functions of development corporations.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the costs of private, voluntary or public sector bodies is foreseen. An impact assessment has been produced in relation to the 2023 Act and copies can be obtained at https://bills.parliament.uk/bills/3155/publications or from the Ministry for Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF.

NOTE AS TO EARLIER COMMENCEMENT Regulations

(This note is not part of the Regulations)

The following provisions of the Levelling-up and Regeneration Act 2023 have been brought into force by commencement Regulations made before the date of these Regulations.

| Provision | Date of Commencement | S.I. No. |
| --- | --- | --- |
| Section 78 | 31.01.2024 | 2024/92 |
| Section 81 | 31.01.2024 | 2024/92 |
| Section 84 to 86 | 31.03.2024 | 2024/389 |
| Section 89 to 91 | 31.03.2024 | 2024/389 |
| Section 94 | 31.01.2024 | 2024/92 |
| Section 103 | 25.04.2024 | 2024/452 |
| Section 105 | 25.07.2024 | 2024/92 |
| Section 106 and 107 (partially) | 31.03.2024 | 2024/92 |
| Section 109 (partially) | 01.05.2025 | 2025/430 |
| Section 111 (partially) | 31.03.2024 | 2024/389 |
| Section 115 to 120 | 25.04.2024 | 2024/452 |
| Section 122 | 25.04.2024 | 2024/452 |
| Section 123 | 31.01.2024 | 2024/92 |
| Section 124 | 25.04.2025 | 2024/452 |
| Section 129 | 31.01.2024 | 2024/92 |
| Section 135 | 12.02.2024 | 2024/92 |
| Section 140 | 31.01.2024 | 2024/92 |
| Section 171 (partially) | 31.01.2024 | 2024/92 |
| Section 180 | 31.01.2024 | 2024/389 |
| Section 181 (partially) | 31.01.2024 | 2024/92 |
| Section 181 (partially) | 30.04.2024 | 2024/389 |
| Section 181 (partially) | 02.12.2025 | 2025/1262 |
| Section 182 and 183 (partially) | 31.03.2024 | 2024/389 |
| Section 183 (partially) | 02.12.2025 | 2025/1262 |
| Section 183 (remainder) | 18.02.2026 | 2025/1370 |
| Section 184 (partially) | 31.01.2024 | 2024/92 |
| Section 184 (partially) | 31.03.2024 | 2024/389 |
| Section 184 (partially) | 30.04.2024 | 2024/389 |
| Section 184 (partially) | 02.12.2025 | 2025/1262 |
| Section 184 (partially) | 18.02.2026 | 2025/1370 |
| Section 185 to 188 | 31.01.2024 | 2024/92 |
| Section 189 | 31.01.2025 | 2024/92 |
| Section 190 (partially) | 31.03.2024 | 2024/389 |
| Section 190 (partially) | 30.04.2024 | 2024/92 |
| Section 191 to 202 | 02.12.2024 | 2024/1138 |
| Section 203 (partially) | 31.03.2024 | 2024/389 |
| Section 203 (remainder) | 02.12.2024 | 2024/1138 |
| Section 204 | 02.12.2024 | 2024/1138 |
| Sections 205 and 206 (partially) | 31.03.2024 | 2024/389 |
| Section 205 and 206 (remainder) | 02.12.2024 | 2024/1138 |
| Sections 207 to 213 | 02.12.2024 | 2024/1138 |
| Section 214 (partially) | 31.03.2024 | 2024/389 |
| Section 214 (remainder) | 02.12.2024 | 2024/1138 |
| Section 215 | 31.03.2024 | 2024/389 |
| Sections 216 to 218 | 02.12.2024 | 2024/1138 |
| Section 229 | 31.03.2024 | 2024/389 |
| Section 237 and 238 | 01.11.2024 | 2024/1000 |
| In Schedule 4— | | |
| paragraphs 226 (partially) and 227 to 229 | 26.12.2023 | 2023/1405 |
| paragraphs 226(remainder) and 230 | 07.05.2024 | 2023/1405 |
| Schedule 5 | 31.01.2024 | 2024/92 |
| In Schedule 9— | | |
| paragraph 1 (partially) | 31.01.2024 | 2024/92 |
| Schedule 10 (partially) | 01.05.2025 | 2025/430 |
| Schedule 13 (remainder) | 31.03.2024 | 2024/389 |
| In Schedule 18— | | |
| paragraphs 2 to 7 | 18.02.2026 | 2025/1370 |
| paragraph 3(1) and (2) | 02.12.2025 | 2025/1262 |
| In Schedule 19— | | |
| paragraph 1 (partially) | 31.01.2024 | 2024/92 |
| paragraph 1 (partially) | 30.04.2024 | 2024/389 |
| paragraph 1 (partially) | 02.12.2025 | 2025/1262 |
| paragraphs 2 and 3 (partially) | 31.03.2024 | 2024/389 |
| paragraph 3 (remainder) | 18.02.2026 | 2025/1370 |
| Schedules 20 and 21 | 02.12.2024 | 2024/1138 |
| Schedule 22 | 31.03.2024 | 2024/389 |
| Schedule 23 | 01.11.2024 | 2024/1000 |
(1) 2023 c. 55.

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