Planning and Infrastructure Bill – Spatial Development Strategies

On 11 March 2025, the Government introduced the Planning and Infrastructure Bill into Parliament with a promise to speed up planning decisions and ‘get Britain building’. Sharpe Pritchard’s Planning and Parliamentary team have been analysing the likely implications of the Bill in recent weeks.

In the latest article of this series, we  focus on Spatial Development Strategies, found in Part 2 Chapter 2 of the Bill.

The Planning and Infrastructure Bill introduces Spatial Development Strategies (SDSs) as a key mechanism to accelerate development across England.

SDSs are not a new concept (previously explored through structure plans and regional spatial strategies and seen in the London Plan) but Labour’s aim is to leverage SDSs to deliver growth at a scale beyond local planning, aligning with its ambition to “Get Britain Building.”

Key provisions of SDSs

The Bill sets out the framework for SDSs by introducing the following new provisions into the Planning and Compulsory Purchase Act 2004 (PCPA 2004). Further detail will be introduced through regulations.

Responsibility for preparation

SDSs will be prepared by combined authorities, combined county authorities, upper-tier county councils, and unitary authorities.

The Bill enables the Government to establish ‘strategic planning boards’ to prepare SDSs for areas spanning multiple authorities where the Secretary of State considers it desirable for the SDS to relate to an area consisting of two or more principal authorities.

Mandatory requirements

SDSs must satisfy the requirements set out in new section 12D of the PCPA 2004. SDSs must include a statement of strategic policies (however expressed) for the development and use of land in the relevant area along with a reasoned justification for the policies.

They must also set out the period the strategy will cover. The SDS must also be designed to secure that the use and development of land in the strategy area contributes to the mitigation and adaption to climate change (although it’s not entirely clear what this means) and must take account of any Local Nature Recovery Strategy to ensure environmental priorities are embedded in the SDS.

Optional content

SDSs may also specify infrastructure of strategic importance to facilitate development or promote economic, social, or environmental well-being, and include policies on the amount and distribution of housing or affordable housing considered of strategic importance.

Preparation and examination

New sections 12E to 12L set out the preparation process for SDSs.

The strategic planning authority (the ‘Authority’) must first prepare and submit a timetable for preparation of the SDS to the Secretary of State for approval. The Authority must then prepare a draft SDS, consult on it, and invite representations.

A public examination will then be held, during which an independent examiner considers key matters of the SDS and prepares a report to the Authority which may include recommendations for amendments or even withdrawal of the SDS.

Importantly, the examiner picks the matters that they will consider, and the only guaranteed participant will be the Authority, though others may be invited to participate.

No person has a right to be heard at the examination.

Following the examination, the draft SDS must be submitted to the Secretary of State prior to adoption. The Secretary of State has six weeks (or longer if directed) to approve the SDS or direct modifications.

Modifications can only be proposed to address inconsistencies with national policies or where the SDS will be detrimental to the interests of an area outside of the strategy area. Therefore, the Secretary of State does not have free reign to make changes to the SDS.

The SDS will only become operative once adopted and thereafter it will form part of the development plan and must be reviewed periodically, with the potential for alterations as needed.

Intervention powers

Importantly, the Secretary of State has powers to intervene where a strategic planning authority is failing, including taking over preparation of an SDS, making alterations to an existing SDS, or directing withdrawal or adoption.

How will SDSs impact local authorities?

The introduction of SDSs will bring significant changes to local authority planning and decision-making. For example:

• Conformity with SDSs – Local plans must be in general conformity with the SDS. Local planning authorities (‘LPAs’) will therefore need to ensure that local policies and site allocations align with the strategic objectives set by the SDS, limiting flexibility for local areas.
• SDSs as part of the development plan – Once adopted, SDSs will form part of the development plan, requiring LPAs to determine planning applications in accordance with them unless material considerations indicate otherwise. This strengthens the influence of SDSs, potentially limiting local discretion where priorities diverge.
• Increased oversight and monitoring – local authorities at all levels (whether responsible for preparation of the SDS or not) will need to engage with their preparation, review, and monitoring, adding further to existing responsibilities and placing another burden on already over-stretched local authorities.

How will SDSs impact developers and landowners?

For developers and landowners, SDSs introduce both opportunities and challenges:

• Greater certainty on strategic priorities – SDS will provide a clear strategic framework across wider areas, offering greater certainty about long-term priorities for land use and infrastructure and potentially reducing uncertainty caused by inconsistent local policies.
• Opportunities for larger-scale developments – SDSs may facilitate large-scale strategic developments by identifying priority areas for growth and infrastructure delivery. Developers working on major schemes spanning multiple local authority areas may benefit from this coordinated approach.
• Navigating a two-tier policy framework – The requirement to engage with both SDSs at a strategic level and local plans at a site-specific level may introduce complexity, increasing the risk of delays in securing planning permission where inconsistencies do arise. We don’t yet have detail as to how any inadvertent inconsistencies will be addressed.
• Reduced scope for challenging– As SDSs form part of the development plan, developers will have less scope to challenge strategic priorities that may not align with their proposals.

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This article is for general awareness only and does not constitute legal or professional advice.  If you would like further advice and assistance in relation to any issue raised in this article, please contact us by telephone or email enquiries@sharpepritchard.co.uk