A development opportunity may look commercially attractive before its planning constraints become clear. Investors, landowners and business occupiers should establish what can lawfully be built or used, and on what conditions, before committing to a purchase, lease or construction programme.
The Planning and Infrastructure Act 2025 forms part of the government's reform programme. It does not itself grant permission for an individual scheme or guarantee a shorter decision period. This article addresses commercial property decisions in England; planning systems and the territorial application of particular reforms must be considered separately elsewhere.
Identify the relevant planning route
The 2025 Act received Royal Assent in December 2025. Its reforms include changes to the development-consent process for nationally significant infrastructure projects. Those projects use a different statutory route from an ordinary planning application to a local planning authority.
Implementation is staged. The government's infrastructure plan explains the intended reforms, while commencement regulations and transitional provisions determine their legal application. A policy timetable should therefore be read alongside the operative legislation and current guidance. In particular, applicants should not assume that a reform to infrastructure procedures changes the requirements for a conventional commercial development.
The distinction matters commercially: an appraisal based on an inappropriate consenting route can underestimate professional costs, consultation requirements and the period before the site can generate income.
Test the proposal against the existing permissions
Obtain the planning history, decision notices, approved plans and any associated obligations. Check whether a permission has been implemented lawfully and whether conditions restrict occupation, operating hours, access, deliveries or other aspects of the proposed business. Some conditions require action before works or occupation can begin.
A previous occupier's activity is not sufficient evidence that the intended use is lawful. Consider the actual use proposed, any alterations and whether further consent is required. Where the position is uncertain, take planning advice and consider the appropriate route for establishing it with the local planning authority.
Planning permission and the landlord's consent address different questions. Permission does not override a lease covenant, and a landlord's agreement to a fit-out does not establish planning compliance. Building regulations and other approvals may also require separate consideration.
Allocate delay and refusal risks before exchange or signature
Transaction documents should reflect the consents on which the commercial decision depends. Consider who controls the application, pays professional costs and provides access for surveys. Agree what happens if permission is refused, delayed or granted subject to conditions that make the project uneconomic.
Where completion is conditional on consent, the drafting should identify what counts as an acceptable permission and how any deadline or termination right operates. Align those provisions with finance, construction and occupation commitments. The objective is a timetable and allocation of risk that the parties can realistically perform.
Balaghi & Rose advises on commercial leases, property disputes and related contractual arrangements, coordinating with specialist planning advisers where needed. Contact our team to discuss the legal aspects of a proposed transaction.
General information only. This article concerns commercial property and planning in England and reflects the position checked on 26 October 2026. It is not legal advice.
