Planning Appeals (Part 1 – Written representation) – CHANGES by CAPP Member Guy Evans MRTPIThe basics
From 1 April 2026* , the way written representation planning appeals work in England will
change fundamentally. If your application is refused after that date, the Inspector deciding
your appeal will only consider what is on record with your local planning authority, i.e.
original planning submission, plus any correspondence submitted during determination
stage. That’s it – no opportunity for additional statements / surveys / reports.
*regardless of determination date, any application submitted prior to this date will follow the
current (old) appeal procedures.
The solution
Be prepared – get it right first time! The stakes on your initial submission are now considerably
higher.
The benefits
For well-prepared applications, this is good news: faster decisions, lower costs (in the long
run potentially), but front-loading of applications will increase costs in the short-term), less
bureaucracy and uncertainty. For the underprepared ones, it’s a significant risk.
The new system creates a strong incentive for both applicants and councils to get it right the
first time – which in practice means more thorough pre-application engagement and more
considered decision-making on both sides.
What appeals are not applicable
• Appeal for non-determination
• Listed Building consent
• Hearing
• Public Inquiry
Also, if there has been a major national policy change in the interim since determination, the
streamlined process is not likely to apply. To be considered on a case-by-case basis.
What to do when preparing an application
1. Engage with the LPA via a pre-application enquiry (paid service) *
*In reality, LPA resourcing is reducing the opportunity for meaningful pre-application
dialogue and some LPAs are refusing to engage at all. The alternative is seek
professional advice from an experienced Planning consultant**
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Architecture + Building Surveying + Town PlanningBLOG – Planning Appeals (Part 1 – Written representation) – CHANGES
Date | 01/04/2026
2. 3. 4. 5. 6. Choose the right professional team – this starts with a Planning consultant, who in turn
will advise on the commissioning of all technical reports upfront, e.g. heritage,
ecology, highways, flood risk, drainage, noise etc..
If design is likely to be a key material consideration, make sure your Design and Access
Statement a complete, compelling document, not a box-ticking exercise.
Address anticipated objections proactively. If you know the council will raise a heritage
concern, respond to it before they do.
Use high-quality visuals. Inspectors and officers respond to clarity.
Don’t submit until the application is as strong as it can be.
What to do when you get a refusal
1. Assess whether the refusal reasons were foreseeable and whether your original
submission addressed them.
2. Consider whether a revised application – rather than an appeal – might be the more
strategic route.
3. Only appeal if you’re confident your original documents make the full case.
Does this limit my rights as an applicant?
No. You still have the same right to appeal a refusal.
Can the council raise a new issue at appeal?
No. The council is equally constrained – limited to the reasons stated in their refusal notice
and the evidence they considered at the time of the decision.
What about third-party objections?
Neighbour comments submitted during your application will be forwarded to the Inspector.
Under the fast-track process, neighbours cannot submit new objections at appeal stage.
The Bottom Line
Get it right the first time! Strategic preparation. When your application is comprehensive from
day one, you either get permission faster, get a quicker decision on appeal if refused, or avoid
the appeals process altogether through better dialogue with the planning authority.
For further advice contact:
**Guy Evans MRTPI at Cassidy + Ashton – guyevans@cassidyashton.co.uk – 07875 419399