Future-proof your planning applications

Planning applications submitted from 1st April 2026 which are refused and end up at appeal will now in the vast majority of cases follow the new expedited appeals procedure. 

The good news: 
    • the appeal process will be simpler and quicker (in theory);
    • no scope for third party objections;
    • no writing an appeal Statement of Case.

The bad news:
    • you’ll need to be appeal-ready, before your planning application is decided by the LPA;
    • no additional information will be allowed when you submit an appeal.

The expedited appeals procedure 

The expedited appeals procedure is technically “the part 1 procedure” set out in section 9.1 of the Planning Inspectorate’s appeals procedural guide for written representations appeals, which is the procedure used for around 94% of all planning appeals. This streamlined procedure has already been in use for householder appeals, advertisement appeals and minor commercial appeals. It will now apply to ALMOST ALL planning applications which follow the written representations appeal procedure (see next section for the list of exceptions).

Under the expedited appeals procedure, submission of an appeal is streamlined to the following documents only:
    • The LPA’s decision notice 
    • The appeal form 
    • A copy of the planning application form submitted to the LPA 
    • A list of all documents submitted to the LPA when they made their application 
    • A list of any other documents submitted throughout the application stage
    • An Environmental Statement if required 
    • A completed planning obligation where applicable 
      
Importantly, there is no opportunity to submit any new evidence or arguments, nor will any further material be allowed during the process of the appeal, unless requested by the Inspector.

Full details can be found in the Planning Inspectorate’s appeals procedural guide. There are currently two versions, depending on the date your planning application was submitted:

1. Planning appeals procedural guide for planning applications submitted on or after 1 April 2026;
2. Planning appeals procedural guide for planning applications submitted on or before 31 March 2026.

It this the end of planning appeal Statements of Case?

Not entirely. The types of appeals listed below will still be allowed to submit additional material.

Appeals exempt from the expedited procedure:
    • appeals at PINS discretion, for example appeals against biodiversity gain plans;
    • appeals against non-determination;
    • appeals relating to listed building consent;
    • appeals relating to a discontinuation notice;
    • appeals the Planning Inspectorate decide should be considered through a hearing or inquiry.

Implications of the streamlined appeals procedure

The restrictions on adding to your case at appeal stage means it will be more important than ever to get the planning application right. However, this is easier said than done. You anticipate the main issues, but sometimes objectors throw curved balls at you on issues you didn’t expect. Committees add 'make weight' additional reasons for refusal out-of-the-blue. And sometimes the planning officer surprises you by suddenly refusing your application without warning. How do you deal with the unexpected when new information is not allowed to be submitted with a written representations appeal?

As someone once said, "Always plan ahead. It wasn't raining when Noah built the ark." 

Preparing for a possible planning appeal 

It is essential to ensure your planning application is robust and appeal-ready, just in case it is refused by the LPA. 

Five ways to protect your position:
    1. Always address the issues raised by consultees and third parties through a formally submitted document.
    2. Provide rolling updates to your Planning Statement, with the version number clearly identified.
    3. Utilise the time waiting for the LPA to make a decision by checking similar developments determined by the LPA and appeal decisions determined by PINS. These can lend weight to your case, or forewarn you of issues.
    4. Communicate with LPA case officer in writing to clarify whether there are any other outstanding concerns, so there are no surprise reasons for refusal (and if there are, PINS will see they were not raised with you in advance).
    5. If a s106 agreement or a unilateral undertaking is required, ensure good progress is made early on.

The Planning Statement will increasingly become a constantly-updated position statement. This could be good for everyone – the applicant, the objectors, and the LPA, irrespective of whether or not the development ends up at appeal. It’s a brave new world.