One of the planning-related Christmas presents delivered by the Government last month was its positive planning decision concerning Universal Studios’ proposed entertainment resort complex in Bedford. The decision is notable because it took the form of a special development order – specifically The Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025.
It is the first fully commercial scheme to be promoted in this way and the relative speed and ease with which the project has been consented – circa 6 months from Universal’s submission to the Government’s decision – is exceptional for a scheme of this size and nature. In the context of the Government’s growth agenda, including its stated ambitions for new towns, does this pave the way to unlock other large scale commercial schemes?
This Q&A unpacks what has happened and the potential use of special development orders as a planning consenting tool for future developments.
This Decision Related to Universal Studios’ Application for Planning Permission for a New Theme Park, Right?
Universal Studios are proposing a new theme park in Bedford, which does, indeed, require planning permission. However, rather than making an application for planning permission to the local planning authority in the usual way, Universal requested that the Government instead makes a special development order. This is what the Government’s decision related to. It follows the Government’s consultation on the proposal last summer.
What Is a Special Development Order?
A special development order is an order made by the Secretary of State pursuant to section 59 of the Town & Country Planning Act 1990 to provide for the grant of planning permission in relation to land specified in the order. The power is very broad in its scope and the orders themselves take the form of secondary legislation. Notably special development orders are not subject to the mandatory biodiversity net gain regime.
So This Is Making Use of an Existing Power in the Town & Country Planning Act 1990?
Yes. However, whilst the section 59 power isn’t new, the use of it in this manner – to grant planning permission for what is essentially a commercial scheme on private land – is. In the past the Government has used special development orders for urban regeneration (e.g. the London Docklands) or in relation to sensitive development on public land (e.g. on Ministry of Defence sites). In more recent years, these orders have been used in relation to asylum accommodation.
But Wasn’t There Another Theme Park Proposal That Was Being Taken Forward in This Manner?
The London Resort project was another major theme park proposal that was taken forward outside the normal town and country planning application process – in that instance the Nationally Significant Infrastructure Project (NSIP) process was used, although that scheme did not actually proceed to decision. Had it been successful, it would have resulted in a development consent order being granted pursuant to the Planning Act 2008. This is a different legal consenting route to that which has been used for the Universal theme park proposal, which is not an NSIP.
What Is the Process for Applying for a Special Development Order?
There is no associated application process. This is why the Universal Studios proposal was framed as a “request” rather than an application. Of course, Government “buy in” is needed to go forward in this way and it is clear that multiple Government Departments were engaged in discussions with Universal and actively supported the project.
If This Is the Case, Why Did the Government Consult on the Universal Studios Proposal Last Summer?
The public consultation undertaken in summer 2025 was part of a bespoke process that the Government put in place for this proposal, as explained in related Government guidance covering handling arrangements, publicity and consultation, and informing the public of the decision. The next step in this process was for the Minister of Housing and Planning to issue a “Decision Statement” setting out the Government’s decision on the proposal, with the special development order to be made separately if the Minister’s decision was positive. In the event, the Government made the special development order on 15 December 2025 and published a separate “Statement of Reasons” the following week. The order is in force from 12 January 2026.
Can Special Development Orders Be Legally Challenged?
Yes, they can, but the breadth of the section 59 power means that such challenges will be difficult to sustain in practice. Whilst there was a successful challenge in 2022 to a special development order concerning the use of Napier Barracks in Kent as asylum accommodation, this was on a limited ground relating to the public sector equality duty. Notably, another ground in that case concerning a failure to consult was rejected on the basis that there is no general duty to consult.
Now That the Universal Studios Project Has Been Granted Planning Permission by Special Development Order, Can We Expect To See Other Commercial Developments Being Granted Consent in This Way?
It is difficult to read the Government’s intentions at this stage. On one hand, the unique nature of the Universal proposal might mean that this could be a “one off” exercise to help facilitate a significant investment into the UK; on the other hand, we may be seeing a potential blue-print for the Government to consent large-scale commercial schemes in a manner and at a pace that aligns with its ambitious growth agenda. In this regard, it is notable that many of the justifications for the use of the special development order route set out in Universal’s covering letter to the Secretary of State could apply to many other schemes (e.g. timeliness and investor confidence). However, expanding the use of special development orders in this manner would be unlikely to be without controversy.
If you would like to know more about the matters raised in this article or otherwise require any planning advice or assistance, please do not hesitate to contact Michael Dempsey.
