Planning aspects of the English Devolution and Community Engagement Bill
- Aug 11, 2025
- 3 min read
Explanatory notes: Notes on the Bill
The Government has launched the English Devolution and Community Engagement Bill (“the Bill”), which spans 338 pages. The Devolution Bill introduces three tiers of strategic authority, outlines mayoral powers, and restructures local government by eliminating two-tier structures. Additionally, it establishes a new community right to buy and, surprisingly, abolishes upward-only rent reviews. For a more detailed analysis, you can visit our Devolution and Local Government Reform Hub. Below, we provide a summary of the key impacts that the Devolution Bill will have on planning and highways.
Strategic Authorities
The government is introducing a new system of Strategic Authorities across England to manage planning and development at a broader, regional level. These authorities will handle issues that go beyond local boundaries.
Who Can Be a Strategic Authority?
Combined foundation strategic Authorities: Nonmayoral Combined Authorities or a Non-mayoral Combined County Authorities.
Mayoral Strategic Authorities: Mayoral Combined Authorities, Mayoral Combined County Authorities and the Greater London Authority (GLA).
Established Mayoral Strategic Authorities; authorities that have been so designated either under section 106B of the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009) or section 25A of the Levelling Up and Regeneration Act 2024 (LURA 2023) or GLA
Single Councils: Unitary District Councils, or County Councils, which should be designated by the Secretary of State to become a Strategic Authority (limited circumstances)
Planning and Acquisition of Land Powers
The following tiers will be created depending on the type of Strategic Authority and each tier will be conferred different planning powers, which are shown in summary below:
Tier | Planning Powers |
Foundation Strategic Authorities (No Mayor) | Spatial Development Strategy Acquisition of land (including compulsory purchase) for housing, regeneration, infrastructure, community development, and sustainable design |
Mayoral Strategic Authorities | All Foundation powers Can create Mayoral Development Areas and Corporations Call call in mayor planning applications Can issue Mayoral Development Orders Can change a Mayoral Community Infrastructure Levy (CIL) Duty of Mayors to Collaborate |
Established Mayoral Strategic Authorities | Same powers as Mayoral tier, with added governance checks |
Highways and Traffic Management
There are some significant amendments in the Devolution Bill affecting Highways and Traffic Management, with the key ones relevant to local authorities being amendments to;
Sections 6 (delegation etc of functions with respect to trunk roads) and 8 (agreements between local highway authorities and strategic highways companies for doing certain works) of the Highways Act 1980 to allow Combined Authorities or Combined County Authorities (CCAs) to obtain similar devolved powers;
Paragraph 9 (civil enforcement areas and enforcement authorities outside Greater London: bus lane contraventions) and paragraph 10 (civil enforcement areas and enforcement authorities outside Greater London: moving traffic contraventions) of Schedule 8 to the Traffic Management Act 2004 to expand these powers to Combined Authorities and CCAs outside Greater London.
Chrisa Tsompani, (Partner, Planning Law) said: “The Devolution Bill aims to enhance regional governance by redistributing powers, facilitating Spatial Planning, which the Planning and Infrastructure Bill introduced, and accelerating housing delivery. With fewer devolved authorities adopting Spatial Development Strategies, the expectation is improved housing and infrastructure delivery, creating more certainty for developers and investors. However, it is uncertain how local authorities will respond to these changes and, most importantly, how the newly created Strategic Authorities will be funded. Other concerns include the co-existence of local authorities’ and Strategic Authorities’ powers, for example, the implementation of the Mayor’s Community Infrastructure Levy (CIL) alongside existing local CIL schedules. Finally, the duty of the Mayors to collaborate, under Clause 22 of the Devolution Bill, has also been questioned due to the lack of details and the absence of a National Spatial Framework. One thing is sure: this is a story to be continued.”
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