Universal planning powers

In brief    

• Universal Studios has been granted a Special Development Order ('SDO') for a 268-hectare major theme park including visitor accommodation and associated facilities.  
• SDOs are a unique planning tool: secondary legislation laid before Parliament by the Secretary of State authorising development outside of usual planning procedures.  
• The Universal SDO is a significant moment – not only for the project itself, but as the first time this procedure has been used for commercial development which is likely to prompt other developers to explore this route for major projects in the future.  

Background: the Universal theme park SDO   

On 16 December, Steve Reed laid before Parliament the Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025 (2025 No. 1322). This SDO granted Universal Destinations & Experiences ('Universal') consent for the development of a theme park spanning over 32 hectares, supplemented by dining and entertainment venues, 'green infrastructure' and 'active travel routes'. 

Universal submitted their formal request just six months ago, in June 2025, with a public consultation launched shortly after in July. Following the conclusion of the consultation in late August, the Secretary of State announced the grant of the SDO on 16 December 2025. This rapid progression from submission to permission within six months serves as a compelling case study for future commercial development.  

What are SDOs?  

The nature of SDO's

SDOs are a unique planning instrument. They are secondary legislation made under section 59 of the Town and Country Planning Act which grant planning permission over areas of land, usually by expanding permitted development rights for that area. An SDO can be direct, in that it grants planning permission itself, or indirect, in that it provides for the grant of permission on further application according to the terms of the order.  

Typically, SDOs have been confined to areas of public life concerning national security or domestic policy such as: 

• The Town and Country Planning (Manston Airport) Special Development Order 2019 granted to accommodate post-Brexit infrastructure issues;  
• The Town and Country Planning (Former RAF Scampton) (Accommodation for Asylum-Seekers etc.) Special Development Order 2024 granted to secure temporary accommodation for Asylum Seekers; and  
• The Town and Country Planning (Northwood Headquarters) Special Development Order 2025 granted to procure national security infrastructure. 

The 'golden thread' connecting these examples has been their status as government-led, national security focused, initiatives on public land. The Universal SDO, while nationally important, is clearly a significant departure from this previous trend.  

The process of obtaining SDOs 

How, then, are SDOs obtained? SDOs must be made by the Secretary of State and then laid before Parliament. There is no definitive or 'one size fits all' procedure that governs the grant of an SDO. Instead, the Secretary of State has discretion, subject to statutory requirements and public law principles, to design a bespoke process tailored to the specific request before him. 

Therein lies the significance of the SDO process, and why it could prove to be such a powerful development tool. It enables the Secretary of State to craft a bespoke process, dealing with an application's unique aspect (such as national security concerns or cross-borough considerations) and the desire for a streamlined planning approval process outside of the local government jurisdiction. The Universal SDO illustrates this perfectly: in just six months permitted development rights in respect of hospitality, infrastructure and entertainment have been granted covering 268 hectares of land, with a streamlined consultation process. 

Lessons from the Universal SDO   

Why did Universal have the opportunity to obtain an SDO? 

he primary lesson for landowners and developers from the Universal SDO is that these instruments, previously within the purview of government, are now a possible pathway for major commercial developments, where supported by the Secretary of State. For developers, Universal's strategy can serve as a significant precedent for such a pathway.  

Universal's letter to the Secretary of State first requesting an SDO articulated nine core justifications that shifted the project from being suitable for a TCPA or NSIP application, to one that was appropriate for an SDO: 

1. Timelines: Planning permission would be needed in 2025 in order to open the theme park in 2031. 
2. Investor confidence: The project needed a 'future-focused planning approach'. 
3. National coordination: The complexity of the site, and the pace at which Universal desired the project to move, put a premium on national coordination.  
4. Combined consenting: The grant of an SDO would allow Universal to "combine the various components of the Project into a single planning permission".  
5. Global nature: Universal are seeking "flexibility" and a "bespoke regulatory framework". 
6. Benefits beyond local importance: The project is set to bring significant economic benefits, such as international tourism and local development, that need special consideration.  
7. Cross-boundary issue: The project straddles Bedford Borough Council and Central Bedfordshire, with its effects felt throughout nearby boroughs.  
8. Significant architecture and urban designs: The development raises "unique architectural and urban design concepts" worthy of national consideration.  
9. National security: The project, hoping to have a peak of 55,000 visitors a day, has national security implications to "ensure public protection".  

Taken together, these reasons provided a sufficiently compelling justification for the Secretary of State to use the SDO process, the question now being when will other projects also meet such a threshold? It is possible that mixed-use developments or those involving a large range of different uses, may be the prime candidates to see how far SDOs can be utilised?  

The content of the Universal SDO   

The second interesting lesson that can be taken from the grant of the Universal SDO relates to its content. Schedule 2 of the SDO provides for nine 'classes of development permitted', ranging from 'visitor entertainment and hospitality facilities' to 'roads and associated infrastructure' to 'security and reception'. These uses are then subject to express 'conditions and limitations' in Schedule 3, including requirements for details to be submitted to the Secretary of State for approval. Together, they achieve Universal's goal of being subject to what is essentially a 'bespoke' principal consent, one considered justifiable considering the range of development needing to take place and the various factors outlined.  

Conclusion    

The Universal SDO presents a new approach to major commercial development and an alternative to section 35 requests for nationally significant infrastructure projects, and one that will unquestionably be subject to much more discussion. While we are unlikely to see a raft of secondary legislation granting permitted development for everything from data centres to water parks, the decision may provide an indication that the UK Government is ready and willing to progress more major development projects as part of its economic growth agenda and attempts to 'kick-start' the economy.