Be Planning Appeal-Ready from 1 April

New rules for planning appeals under the written representations procedure come into force on the first day of April, with the aim of speeding up the process, but this throws up some additional risks for the industry…

From 1 April 2026, the rules governing the vast majority of planning appeals in England are changing – specifically the 94.7% of appeals that proceed by way of the written representations procedure. The change relates to appeals lodged on or after 1 April 2026.

These reforms, introduced alongside the updated procedural guidance published on 12 February 2026 by the Planning Inspectorate, are designed to speed up decision-making. But they also introduce new risks for applicants, local planning authorities (LPAs), and third parties alike.

Unlike appeals conducted by hearing or inquiry, written representation appeals involve neither formal discussion or cross-examination. Historically, a faster ‘expedited’ version of this process has been limited mainly to householder and minor commercial cases.

However, from April, this streamlined route will be extended to most written representation appeals – including refusals of planning permission, prior approval, reserved matters, advertisement consent, permission in principle, and applications under sections 73 and 73A of the Town and Country Planning Act 1990.

Right first time

The most significant procedural shift is this: appellants will no longer be able to submit new evidence at the appeal stage if it was not already considered by the LPA when determining the original application.

Instead, Inspectors will determine appeals solely on the basis of:

• The original planning application and all submitted supporting materials
• The LPA’s decision notice and reasons for refusal
• Committee minutes and the officer’s report
• The appeal form and appeal questionnaire.

Third parties will also not be able to make further representations during the appeal process. Their views will only be considered if submitted during the application stage. Where a section 106 agreement or unilateral undertaking is required, it must be executed and submitted at the point of appeal.

This represents a clear policy shift towards front-loading the planning process. As Paul Smith at Apex Planning Consultants explains: “While the new procedure will seemingly speed things up using this particular procedure, it places more need for the planning application to be robust from the outset. This could mean more upfront expense for applicants that might not be necessary if the application is approved; however it might prove to be a cost saving if it is refused and they are reliant on an appeal. Effectively, there will continue to be jeopardy in the planning process.”

Efficiency v jeopardy

The government’s justification is largely based on efficiency. According to the explanatory memorandum accompanying the Regulations, as of March 2025 appeals using the existing Part 2 written representations procedure took an average of 29 weeks to determine, compared with 18 weeks under Part 1.

By December 2025, those averages had improved to 21 and 14 weeks respectively – with hearings taking around 25 weeks and inquiries 38 weeks.

While quicker decisions are broadly welcome, concerns remain. Will this expanded expedited process gradually become the default, even in more complex cases where the level of public interest or technical dispute might justify more scrutiny? What happens where applicants request a hearing or inquiry but are directed to written representations instead? And in cases where planning committee members refuse an application against officer advice, will LPAs now need more detailed committee minutes to ensure that inspectors fully understand the reasons for refusal?

Of course, it is also recognised that this is guidance from the Planning Inspectorate only, it is not law, however, it remains to be seen how robustly it will be applied and what, if any, special circumstances might allow for ‘new information’ to be submitted with an appeal.

Ultimately, the strategy for applicants is becoming clearer: planning submissions must now be comprehensive, policy-justified and effectively ‘appeal-ready from the outset – with key issues addressed, third-party concerns responded to, and section 106 obligations substantially progressed before any potential refusal is issued.

Speed may be improving – but so too is the procedural jeopardy.

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