Pennycook gives legacy local plans three more months to reach examination

Housing and Planning Minister Matthew Pennycook has given councils in England a three-month extension to submit local plans under the old plan-making system, moving the deadline from 31 December 2026 to 31 March 2027.

The Ministry of Housing, Communities and Local Government (MHCLG) published the letter to local planning and minerals and waste authorities on 23 October 2026. The government had previously fixed 31 December 2026 as the last date for local plan submissions under the legacy regulations, the letter said.

Pennycook said in the letter that "some are at risk of missing that deadline by a fine margin, often for reasons beyond their control." He said forcing those plans to restart under the new system would not be fair and ran counter to the shared aim of a plan-led approach.

Who qualifies

The letter and the GOV.UK summary describe the test differently. The letter says the extension applies to a plan "which has concluded its final Regulation 19 consultation period by 31 December 2026". MHCLG's summary of the publication says it applies to all authorities that have reached Regulation 19 consultation by that date.

The two documents also differ on exclusions. The summary says authorities subject to formal local plan intervention are excluded. The letter says the blanket direction does not apply to plans already covered by a specific direction from the minister on their submission date.

Councils that qualify have until 31 March 2027 to submit for examination. Pennycook said: "This is the last opportunity for areas seeking to progress plans to submission in the legacy system." He added that there should be no expectation of further extensions beyond the end of March.

The minister asked authorities that will not submit by 31 December 2026 to send an updated Local Development Scheme to MHCLG by the end of November 2026, according to the letter.

The legal mechanism

The extension is made under the Secretary of State's powers in paragraphs 4(5) and 5(5) of Schedule 1 to the Levelling-up and Regeneration Act 2023 (Commencement No. 11 and Saving and Transitional Provisions) Regulations 2026.

Those regulations, published on legislation.gov.uk, allowed authorities to keep preparing plans under the legacy system provided they were submitted for examination no later than 31 December 2026. Paragraph 4(5) lets the Secretary of State direct a later date for a local planning development plan document, and the same power exists for minerals and waste plans.

Background

MHCLG guidance on the rollout of the new system, which came into force on 25 March 2026, said the legacy and new systems would run in parallel for a period, and set out separate requirements for authorities intending to submit a legacy plan by 31 December 2026 and those that would not.

Under the new system, publishing a Gateway 1 self-assessment starts a 30-month plan-making timetable. Some authorities must publish that self-assessment by 31 October 2026; others by 30 April 2027 or when their existing plan is five years old, whichever is later.

MHCLG has said many local plans take over seven years to produce and cost councils millions of pounds, and that the 30-month timeline is at the heart of its reform. The department has a stated commitment to universal local plan coverage in England and said at least £14.1m was available for plan-making in the 2025 to 2026 financial year.

On 25 September 2026 the minister directed North East Lincolnshire Council to progress its local plan and start Regulation 19 consultation by 30 September 2026. Separately, in July 2026 he wrote to the Planning Inspectorate asking for a pragmatic and proportionate approach to deliverability and viability when examining local plans.

What happens next

Pennycook said in the letter that he would continue to monitor progress and use intervention powers where plans are not progressed as required.

The minister has requested that councils relying on the extension provide their updated Local Development Scheme to MHCLG by the end of November 2026, with the final submission deadline for qualifying legacy plans falling on 31 March 2027.