Planning reform can affect the route and timetable for a development, but it does not establish that a particular site has permission for an intended use. Investors, landowners and business occupiers should check the site-specific position before entering binding commitments.
What the 2025 Act addresses
The Planning and Infrastructure Act 2025 received Royal Assent in December 2025. Its infrastructure reforms include changes to the development-consent process for nationally significant infrastructure projects. The government's implementation plan explains the role of secondary legislation, guidance and transitional arrangements.
These measures should not be presented as a guarantee of faster approval for every ordinary planning application. The relevant procedure depends on the project, location and provisions in force.
Check the actual permission and use
For a proposed acquisition or lease, obtain the planning history and relevant decision notices. Check conditions, approved plans and whether any permission relied upon was lawfully implemented. Consider whether the intended activity, hours, signage, alterations or combination of uses requires further consent.
Planning permission and a landlord's contractual consent are different matters. A lease permitting an activity does not establish that it is lawful in planning terms; planning permission does not override restrictions in a lease.
Allocate the risk before committing
Heads of terms and transaction documents should address required consents, responsibility for applications, access for investigations and what happens if approval is refused or delayed. Obtain appropriate planning and survey advice early enough for the findings to affect the commercial terms.
Balaghi & Rose advises on commercial leases, property disputes and related contractual arrangements, coordinating with specialist planning advisers where needed. Contact info@balaghi-rose.com to discuss the legal aspects of your proposed transaction.
Updated 23 October 2026. General information only; advice depends on the facts and the law applicable to your matter.
