For planning applications submitted to local planning authorities on or after 1 April 2026, the written representations planning appeal process in England has changed significantly. If your application was submitted before that date, the previous procedure still applies.
The headline for written representations appeals subject to the new procedure is they will now be determined entirely on the basis of the material that was before the local planning authority when it made its decision, together with the appeal form – and most importantly – there is no scope to introduce new evidence at appeal stage.
Previously, applicants could use the appeal stage to submit a statement to respond in detail to reasons for refusal as well as being able to address evidential gaps.
For applicants, especially householders and smaller developers, this change is significant. If key planning arguments, supporting technical reports, or design justifications are missing at application stage, there will be no opportunity to repair those weaknesses later through the appeal process.
What does this mean in practice for planning appeals?
Under the new process, appellants must explain why they are appealing within the appeal form itself. This means setting out the case in a constrained text box rather than through a standalone appeal statement. Concise reasoning will be crucial as there is no longer an opportunity to set out the full planning case at length.
Planning applications will need to be ‘appeal ready’ when they are submitted. With matters such as design, heritage, transport and amenity addressed properly within the submission before the local authority issues its decision, not saved for an appeal should an application be refused.
The implications of this change are yet to be felt with many applicants and professionals alike remaining unaware of the changes. As the new system beds in, those who continue to treat the appeal stage as a chance to fill in the gaps may find themselves at a real disadvantage.
What should applicants do now?
To give your application the best chance, it will be crucial to submit planning applications on an ‘appeal ready’ basis. That means identifying likely policy and technical issues early, ensuring the right supporting material is in place, and presenting the planning case clearly from the outset.
If you would like advice on preparing a robust application, positioning a scheme for a possible appeal or appealing a refusal Acer Town Planning can help.
