The Planning Inspectorate has published guidance which will fundamentally change how planning appeals are determined and it will result in what we would consider, as consultants, a fundamental shift in how applications will need to be prepared and potentially handled during the determination process.
The guidance, published last month, will only apply to appeals in relation to applications submitted on or after 1 April 2026 – anything submitted until that point can follow the procedural guidance for applicated dated on or before 31 March 2026.
Most appeals arising from applications submitted on or after 1 April 2026 will follow the Part 1 (expedited) written representations procedure by default. This extends what was previously a quicker route (used largely for householder/minor cases) to the majority of planning appeals (such as refusals, conditions and prior approvals). The Planning Inspectorate still retains discretion to transfer some cases to a fuller procedure where justified.
Before April 2026 Appellants and Councils could generally submit Statements of Case and new evidence at appeal stage to expand, clarify or strengthen arguments beyond what was submitted at application stage. In addition, interested parties (third parties) also had an opportunity to make representations during the appeal itself in addition to any comments during the Council’s determination process.
After April 2026 new evidence at appeal stage is generally not accepted. Appeals will normally be decided only on the information already before the Council at the time of the original application, with very narrow exceptions (such as material change in planning policy, relevant court judgments).
There is no separate Statement of Case able to be submitted as standard in most written representations appeals – appellants can only state their disagreement on the appeal form but cannot file a full statement. Interested/third parties typically cannot submit new representations at appeal stage meaning participation occurs mainly at the application stage.
This is a huge change at appeal stage which could have significant implications for appellants. The system moves to a “submit once, submit right” model which emphasises that the appeal stage is not a second chance to bring in new evidence. Appeals have, generally, not been a place for completely new evidence or evolved schemes historically but there was, to date, an opportunity to perhaps submit further supporting evidence in response to the stated refusal reasons as part of a statement of case responding to the main issues.
This shift, for applications from 1 April 2026, highlights what will be a requirement for a perhaps more defensive approach to preparing applications and covering off even more potential issues in case they are raised by the Council, or interested parties, during determination and utilised as a reason for refusal. It also highlights a potential requirement, as we already do, for monitoring of consultation responses during the application process to tackle any issues early and, at the very least, narrow refusal reasons if proposals do end up going to appeal to allow all evidence to be before an Inspector as part of the original application process.
This further strengthens and supports the requirement for preparation and submission of correctly prepared and well substantiated proposals from the point of submission – applicants looking to perhaps prepare and submit their own applications, with no assistance, may find it difficult in later stages if consultants cannot support proposals within appeal submissions in the same way they have been able to, to date, for applications from next month.
Appeals will therefore lean more heavily than ever on the strength and completeness of the original application and decision documentation and highlights, as we strive to do as a consultancy, the shift to a “submit once, submit right” model. This will, of course, come with its issues for Councils and appellants, especially in light of committee overturns or similar, and it remains to be seen how this works and the impacts in practice as we progress through the year – but for now, something to be mindful of with submissions from next month.