The planning appeal system in England has changed for most planning applications submitted from 1 April 2026 onwards. In most cases, if the application is refused and later appealed, the inspector will decide the appeal largely on the basis of the material that was before the council when it made its decision.
There is no full statement of case in the new Part 1 written representations procedure, and the guidance says applicants should make sure all relevant evidence is submitted to the local planning authority as part of the application.
If there are key points you may later want an inspector to know about, you must put them into the application file at the start. The inspector will not go away and research the planning history of the site, look for comparable permissions nearby, or fill gaps in the material for you. Under the new procedure, the appeal is meant to be decided mainly on the original application documents and the core appeal papers.
For example, if you want to rely on the fact that something similar has already been granted planning permission on your site or nearby, you should submit that decision notice, the officer’s report and the approved plans with your application. If those documents are not before the council, they will not be before the inspector either. The same applies to any other point that could later matter on appeal.
The same applies to technical issues. If you think the proposal may need support from a highways consultant, ecologist, daylight consultant, heritage consultant or similar, it is much safer to deal with that at the beginning. That adds to the upfront cost, but if the council later refuses permission on one of those grounds, there may be very little scope to cure the problem through a standard written representations appeal.
In many cases, that will simply mean submitting a fresh application instead. That drags matters out and adds cost. Planning fees are now much higher than they used to be, and the old ‘free go’ has been removed.
These changes make the planning statement more important. A planning statement should not just describe the proposal. It should explain thoroughly why the proposal amounts to good design, why it fits its context, and why it does not unacceptably harm neighbours. It should also anticipate the obvious objections before the council raises them. That is now more important because, in many cases, the application stage is the main opportunity to make the planning case properly.
It may also be sensible to make additional submissions during the application itself. If neighbour objections come in, or if the case officer indicates concerns, it may be worth responding formally in writing while the application is still live. The aim is to make sure that the application file contains the material you may later need if there is an appeal.
This does not apply in exactly the same way to every appeal. The fuller Part 2 written representations procedure still applies to non-determination appeals, listed building consent appeals and discontinuance notice appeals. Enforcement appeals also continue under a separate procedural regime. The Planning Inspectorate can also transfer some appeals out of Part 1, and hearings and inquiries still remain available in appropriate cases.
But for many ordinary planning applications, the message is now clear. If an application may later need to survive scrutiny on appeal, it should be prepared on the basis that the original submission may be your main chance to explain why permission should be granted. That is one reason why it now makes sense to invest more thought, evidence and care at the application stage.
If you are preparing a planning application and want to make it as robust as possible from the start, we can help by preparing a clear, site-specific planning statement and by advising on what material ought to be submitted with the application.
