Is the SDS duty in force everywhere?

Not automatically. The Act is law. The operational duty depends on commencement. MHCLG told authorities in February 2026 that it expected to lay secondary legislation and commence the SDS provisions before summer recess 2026. Check the commencement regulations for the provisions you are relying on.

Where are the examination tests?

Process is in the inserted 2004 Act sections. The soundness tests used at examination are in NPPF policy PM14, not in section 58 itself.

For practitioners · Updated 20 September 2026 · As at 20 September 2026

Planning and Infrastructure Act 2025 — SDS provisions

The Planning and Infrastructure Act 2025 received Royal Assent on 18 December 2025. Section 58 inserts new sections 12A to 12W into the Planning and Compulsory Purchase Act 2004. Those sections create the duty to prepare a Spatial Development Strategy, define strategic planning authorities and boards, set mandatory and optional content, and prohibit site-specific allocations. Most of the machinery needs commencement regulations.

The insertion

Section 58 (Chapter 2 of Part 2) inserts, before section 13 of the Planning and Compulsory Purchase Act 2004, a run of new sections. The ones that matter first:

Inserted section	Subject
12A	Who is a strategic planning authority; what a strategy area is; London carved out to the GLA Act
12B–12C	Strategic planning boards and the regulations that create them
12D	Mandatory and optional contents; climate change; local nature recovery strategies; the site-specific ban
12E–12F	SDS timetable
12G–12L	Draft, consultation, representations, submission, examination, adoption
12W	Definitions

Read the full text on legislation.gov.uk. This page is a map, not a substitute.

Contents rule (12D)

Must include: strategic land-use policies, reasoned justification, period.

May include: strategically important infrastructure; amount or distribution of housing, including affordable housing.

Must: contribute to climate-change mitigation and adaptation; take account of relevant local nature recovery strategies.

Must not: go beyond what 12D permits; specify particular sites; repeat or contradict national development management policy.

The Secretary of State may prescribe further matters, form and accompanying documents.

Boards (12B–12C)

A board is a joint committee created by regulations after consultation. It becomes the strategic planning authority for the combined area. See strategic planning board.

National policy sitting on top

The Act says what an SDS is. The August 2026 NPPF says what a sound one does:

PM1 — nine content expectations, including a period of at least 25 years and a replacement started within seven years
PM14 — examination tests: positive, appropriate, effective, consistent with national policy

Secretary of State intervention powers are flagged in PM1(3) and in the Act's examination and adoption sections.

Commencement

MHCLG's February 2026 paper said secondary legislation was required to make the system operational, expected to be laid before the summer recess, at which point the SDS provisions would be commenced and the duty would become active. Formal SDS work cannot start until then. Preparatory work can.

Always check the latest commencement regulations rather than this paragraph.

Questions

Is the SDS duty in force everywhere?: Not automatically. The Act is law. The operational duty depends on commencement. MHCLG told authorities in February 2026 that it expected to lay secondary legislation and commence the SDS provisions before summer recess 2026. Check the commencement regulations for the provisions you are relying on.
Where are the examination tests?: Process is in the inserted 2004 Act sections. The soundness tests used at examination are in NPPF policy PM14, not in section 58 itself.

Sources

Planning and Infrastructure Act 2025, c. 34, section 58 — legislation.gov.uk, 18 December 2025. Inserts new sections 12A to 12W into the Planning and Compulsory Purchase Act 2004. Royal Assent 18 December 2025.
Planning and Infrastructure Act 2025, inserted PCPA 2004 s.12A (strategic planning authorities) — legislation.gov.uk, 18 December 2025
Planning and Infrastructure Act 2025, inserted PCPA 2004 s.12B (strategic planning boards) — legislation.gov.uk, 18 December 2025
Planning and Infrastructure Act 2025, inserted PCPA 2004 s.12D (contents) — legislation.gov.uk, 18 December 2025
Areas for producing spatial development strategies (consultation paper) — MHCLG, 12 February 2026
NPPF August 2026, policy PM1 (Spatial development strategies) — MHCLG, 17 August 2026
NPPF August 2026, policy PM14 (Examining spatial development strategies) — MHCLG, 17 August 2026

What is a Spatial Development Strategy? — Basics
SDS process and timetable — The system
What is a strategic planning authority? — Basics