Appeal Process Changes from 1 April 2026
Posted on in Planning & Licensing
From 1 April 2026, new rules will apply to planning appeals. The Planning Inspectorate has published new procedure guidance, which, unless otherwise specified, applies to the following appeal types:
- planning
- householder development
- minor commercial
- listed buildings
- advertisement
- discontinuance notice
Key changes
Written Representations
Most appeals under section 78 of the Town and Country Planning Act 1990 will follow the Part 1 written representations route – the ‘expedited’ procedure. This is intended to streamline and speed up the decision process. The Planning Inspectorate will sometimes decide an appeal should instead follow a different procedure – the Part 2 written representations procedure, a hearing or an inquiry. Appeals against local planning authority refusal of a biodiversity gain plan will usually follow the Part 2 procedure. In addition, the Part 2 procedure applies to appeals in relation to:
- ‘non-determination’, i.e. the local planning authority’s failure to determine an application within the statutory time limit
- listed building consent
- discontinuance notice
No new or additional information
A fundamental change is that appeals will be decided mainly on the information submitted with the original planning application. Unless an exception applies, additional or new information at appeal stage will not be accepted.In addition, interested parties will not be able to submit comments at the appeal stage and it will be comments received during the application stage that will be considered by inspectors.
Exceptions
Where there has been an exceptionally material change of circumstances, exceptions may apply and will likely only include:
- a material and relevant change in plan policy (development and/or national, including emerging policies)
- a material and relevant court judgment(s)
- a requirement to submit an environmental statement, following a screening direction under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017
- a relevant decision on another application or appeal
There will be the opportunity on the appeal form for appellants to explain their reasons for disagreeing with the decision of the local planning authority. It is important to remember, this is not an opportunity to introduce new evidence or arguments, and any such new material may be disregarded.
Key takeaways
- The opportunity to address gaps in planning applications during appeals is significantly reduced
- Applicants are expected to resolve technical matters and submit full supporting evidence before an application is determined by the local planning authority
- Applicants are strongly encouraged to engage early with local planning authorities and consultees
- There is an increased emphasis on ‘appeal proof’ applications from the outset
How We Can Help
An appeal-ready application is now essential to the successful submission of your planning application. The experienced Planning Team at Tozers can add value by stress-testing your planning application, spotting weaknesses early, and helping you resolve issues before submission. A legal audit can help avoid the pitfalls that can derail an appeal, especially where there is little scope to introduce new material later.