
England: The Planning Inspectorate has recently given details of significant changes to the planning appeal system, which will be applicable to appeals made in respect of planning applications submitted on or after 1st April 2026. This follows the making of The Town and Country Planning (Appeals) (Written Representations Procedure) (England) (Amendment) Regulations 2026.
The aim is to further streamline the appeal process to enable quicker appeal decisions. This means that written representation appeals by default will follow an expedited ‘fast track’ procedure with no opportunity for any of the appeal parties (appellant, local planning authority and interested parties) to submit further representations during the appeal. In effect, the appeal is determined on the same basis as the original planning application.
The new guidance from the Planning Inspectorate explains “There is no opportunity for the appellant to submit new evidence not already seen by the LPA unless there has exceptionally been a material change of circumstance.” In simple terms, the appellant will no longer be permitted to submit a statement of case and new supporting evidence, such as daylight assessments or transport statements, to justify their proposals.
In addition, LPA’s will no also longer be able to submit appeal statements. Instead, they will need to rely upon their Officer Reports to defend decisions and there will be no opportunity for interested parties, such as neighbouring residents, to submit comments to the Planning Inspector.
In exceptional circumstances, if the Planning Inspector feels that the expedited procedure is not appropriate for an individual appeal, they can transfer it to an alternative appeal procedure using existing provisions. However, it has been made clear that the Planning Inspectorate expect the majority of appeals to be dealt with by the expedited procedure.
The upshot of this change is that it is more important than ever that planning applications are accompanied by robust and complete supporting evidence at the point of submission, with a comprehensive planning justification as well as relevant ecology or tree reports, daylight assessments, transport reports, flood risk assessments etc. In effect, all planning applications should be made “appeal‑ready” from the outset to ensure that schemes can be defended if they are declined by the LPA.
This is where we can help – it is more important than ever that a planning consultant is brought in to put together the best possible “appeal-ready” case with the planning application. If you wish to discuss how this might affect your application please get in touch and speak with one of our planing consultants.
