Guidance issued on the implementation of the Planning (Wales) Act 2026 and Planning (Consequential Provisions) (Wales) Act 2026

On 7 August 2026, the Welsh Government published new guidance on the implementation of the Planning (Wales) Act 2026 (“the Planning Wales Act”) and the Planning (Consequential Provisions) (Wales) Act 2026 (“the Consequential Provisions Act”) which received royal assent on 27 April 2026 and also updated its policy and strategy page. The Planning Wales Act establishes a distinct legal framework that reflects the planning system in Wales and the Consequential Provisions Act supports the Planning Wales Act by making the necessary amendments and repeals to existing legislation, including transitional and savings provisions to support the smooth implementation of the new Planning Wales Act. The guidance sets out how the legislation will be implemented. 

Implementation will be split into two phases to balance timely commencement of the Acts and the practical constraints of significant updates.

The first phase is known as the implementation phase. This is expected to be delivered between now and October 2027. It will consist of three parts:

• Preparing and making subordinate legislation: this will include a commencement order to bring provisions of the Acts into force, the regulations to make changes resulting from the Planning Wales Act to subordinate legislation and the Planning (Tree Preservation) (Wales) Regulations 2027 relating to the protection of trees and woodlands of special amenity value, including veteran trees and ancient woodlands. The implementation phase will also include the restatement of a small number of instruments. These are anticipated to include The Town and Country Planning (Development Management Procedure) (Wales) Order 2012 due to its central role in the operation of the development management system and The Town and Country Planning (Use Classes) Order 1987 due to its significance in how land and buildings may be used within the planning system and day‑to‑day development management decisions. Restating the instrument as it applies in Wales allows all provisions that apply only to England to be omitted. The restated Use Classes Order and the 2012 Order will be made in the form of regulations, rather than orders. In addition, non-site specific directions will be restated, including the Town and Country Planning (Notification) (Coal and Petroleum) (Wales) Direction 2026 and the Town and Country Planning (Flood Risk Area Development) (Notification) (Wales) Direction 2025.  
• Updating existing guidance, policy and operational materials: this includes the Development Management Manual, the use of planning conditions for development management (WGC 016/2014), Development Plans Manual, application forms, planning policy (the National Development Framework, Planning Policy Wales PPW and several associated Technical Advice Notes) and the Welsh Government website.
• Supporting stakeholders: targeted support will be provided to ensure practitioners are well prepared for the new legislative framework ahead of commencement. This will include the publication of three substantial guidance documents, a Practitioner Guide to the Planning (Wales) Act 2026 in Spring 2027, Preserving Trees and Woodlands in Wales: a Guide to the Law and Good Practice in Summer 2027 and Planning for minerals in Wales: a Guide to the Legislation in October 2027. In addition, a comprehensive bilingual English-Welsh glossary of planning terminology has been launched on the BydTermCymru website. It is the first published list of Welsh-language planning terminology in 30 years and brings together approximately 300 key terms. Regular engagement with stakeholders will be maintained through established events, such as quarterly meetings with the Planning Officers Society Wales, to ensure that implementation is smooth and collaborative. Any questions around the implementation phase can also be directed to [email protected].

In addition, Planning and Environment Decisions Wales will be updating published guidance, template letters, site and press notices and appeal forms in advance of commencement.

The second phase will begin following commencement of the Acts. It will continue the programme of restating, in modernised and updated form, the remaining subordinate legislation that underpins the planning system and amending and updating the wider suite of guidance and policy documents over the medium to long term. This will include key instruments such as the Town and Country Planning (General Permitted Development) Order 1995, together with updates to the wider suite of planning guidance and policy documents. This phase will be informed by ongoing prioritisation and the extent of any policy development required, including possible policy reforms. The Government is intending to publish more detail on the restatement of subordinate legislation in its programme to improve the accessibility of Welsh law (required to be made under Part 1 of the Legislation (Wales) Act 2019) by mid-November 2026.

If you have any queries about this landmark piece of legislation, please reach out to Cathryn Tracey, Maelor James or Leticia Mandra.