New regulations are set to reform the written representations process for planning appeals – presenting challenges for Local Planning Authorities and appellants alike.
Contributors: Alan Corinaldi-Knott and Stuart Tym
From 1 April 2026, new regulations will come into force in an attempt to streamline the written representations planning appeals process
Currently, there is a streamlined process for householder appeals, advertisement appeals and minor commercial appeals – but after 1 April 2026, this will be expanded to include all planning appeals which fall under the scope of the written representations procedure.
While applications submitted prior to 1 April 2026 (but determined on or after this date) will remain under the old procedure, any new applications after 1 April will fall under the scope of the new process.
What’s changing?
The current appeal process generally permits appellants and the Local Planning Authority to submit statements of case and new evidence at appeal stage, which allows them to expand, clarify or strengthen arguments beyond what was submitted at the application stage. Interested parties are also given an opportunity to make representations during the appeal itself in addition to any comments previously made during the Local Planning Authority’s determination period.
For applications submitted on or after 1 April 2026, the opportunity to submit further evidence and a statement of case will no longer be available to you. Unless an exception applies, appeals will be decided on the information which has already been submitted to the Local Planning Authority at the time of determining the original application. In these cases, the Inspector will only consider the following:
- The application that the Local Planning Authority determined (including the plans, submitted reports / technical evidence and third-party comments).
- The decision notice.
- The Local Planning Authority’s committee minutes and planning officer report.
- The appeal form.
- The Local Planning Authority’s appeal questionnaire.
- An executed and certified copy of the planning obligation at the time of making the appeal (as required).
There will only be very limited exceptions to the above, such as a material change in planning policy, a relevant legislative amendment, or a significant court judgment.
Similarly, third parties will no longer be able to make representations on an appeal determined by written representations – instead, the Inspector will only consider the representations made at the planning application stage.
What does this mean for you?
The changes will present challenges for Local Planning Authorities and appellantsalike – particularly in the event of committee overturns against a professional officer recommendation or similar.
For example, if a Local Planning Authority refuses an appeal on technical grounds, or the issue cannot be resolved between the parties, there will be no opportunity to submit further evidence at appeal unless following the hearing or inquiry procedure – in which instance, it may be necessary to re-submit the application with new evidence for the Local Planning Authority to consider, and then follow up with an appeal if a resolution still cannot be reached.
In theory, the streamlined process is intended to lead to faster appeal decisions – but whether this will actually be the case in practice remains to be seen.
What steps can you take to boost your chances of a successful planning application?
If you envisage that your Local Planning Authority might refuse a planning application on particular grounds, it would be wise to submit a rebuttal or further evidence before a decision is made to ensure the evidence can be taken into account in the event of a refusal.
Steps you can take to ensure these additional safeguards remain open to you include:
- Obtaining strong advice from a planning consultant.
- Undertaking thorough pre-application discussions with the Local Planning Authority and other statutory consultees to identify potential issues which need to be addressed through the planning application submission, and establish what technical reports will need to cover in order to reduce potential conflicts or substantial objections at application stage.
In a nutshell, the changes involve a move towards a ‘submit once, submit right’ approach – meaning that the chances of securing a successful outcome at appeal will be more heavily contingent on the strength and completeness of the original application and decision documentation than ever before.
Key takeaways
- Engage in pre-application discussions with relevant bodies at an early stage.
- If you anticipate a refusal, submit further evidence or a rebuttal at the application stage.
- Seek reputable advice from a planning consultant.
Please be advised that this is an update which we think may be of general interest to our wider client base. The insights are not intended to be exhaustive or targeted at specific sectors as such, and whilst we naturally take every care in putting our articles together, they should not be considered a substitute for obtaining proper legal advice on key issues which your business may face.