New changes to appeal procedure

Forthcoming changes to the planning appeal system will mean that any planning application submitted on or after 01 April 2026, and which proceeds to a written representation format of appeal, will be subject to new rules that prohibit the submission of additional evidence at the appeal stage.

This effectively means that the information you submit with your planning application will need to be robust and substantial enough to also defend any subsequent appeal. There will be no opportunity to set out your grounds of appeal within an appeal statement (subject to limited exceptions), and a completed s.106 needs to be submitted with the appeal from the outset.

This represents a significant change to the approach that some developers may wish to take where there is currently the possibility to rely on more in depth analysis and the opportunity to submit additional reports at the appeal stage, and where post-decision of the LPA it becomes apparent that there is a need to further substantiate their case.

If further evidence is required as a result of the LPA's decision, then these changes will necessitate the re-submission of the planning application rather than an appeal, something that will add additional cost to the developer, but which will no doubt significantly lessen the caseload of the Planning Inspectorate.

Our advice to avoid the need for potentially futile re-submissions just to get new evidence into the case, is to ensure that planning applications are submitted with the most comprehensive level of information possible, with careful attention being given to future-proofing a potential case at appeal, even before the first submission is made.

The following weblink contains the government's updated guidance:

https://www.gov.uk/guidance/planning-appeals-procedural-guide-for-appeals-relating-to-applications-dated-on-or-after-1-april-2026

For more information or assistance with appeals, please do not hesitate to get in touch.