Nicholas James, Senior Planner, explains the implications of the new Planning appeal guidance, set to commence April 2026
The Government has published updated guidance for planning appeals, applying to applications submitted from 1 April 2026. Applications submitted before that date will continue under the existing process.
The headline change affects written representation appeals. In most cases, neither the appellant nor the local planning authority will be permitted to submit new evidence or a statement of case at appeal stage. Instead, Inspectors will determine appeals based largely on the material already before the LPA, including:
- the application and supporting documents
- the decision notice
- committee minutes and officer report
- the appeal form
- the LPA’s appeal questionnaire
Hearings and Public Inquiries will retain their current structure.
The Government’s aim is clear: faster appeal decisions. The guidance is explicit on what this means in practice: “If an applicant thinks that amending their application will overcome the LPA’s reasons for refusal, they should make a new planning application.”
In other words, an appeal is no longer an opportunity to refine or strengthen a scheme. The expectation is that applications are fully developed at the point of submission. These changes reinforce our current approach: we treat applications as though they could ultimately end up in an appeal situation, with the evidence and strategy in place from the outset. It will be interesting to monitor whether these changes deliver the intended reduction in appeal timescales over the coming months.
Our message to clients on the practical implications of this change:
Upfront strategy is essential
Where there are known policy sensitivities – heritage, highways, noise, flood risk, ecology – robust technical input at submission stage is critical. Evidential gaps that might once have been addressed at appeal (for example, noise or daylight/sunlight reports to support residential quality) are no longer be capable of being filled later.
Pre-application engagement becomes even more valuable
With less flexibility further down the line, resolving issues early can avoid the time and cost of a fresh application – particularly given the recent removal of the free second application opportunity.
Faster decision-making after refusal
With limited scope to strengthen a case at appeal, applicants can now take a quicker strategic view: defend the scheme as submitted, or pivot to a revised application.
Talk to our team
We’d encourage anyone with live or upcoming projects to consider how these changes may affect their approach to submission and appeal strategy.