Planning Appeal Reforms 2026

We have long maintained that it is best to submit a comprehensive, well thought through application from the start in order to give the proposals the best chance of being approved and thereby avoiding the need to Appeal a refused application.

At the same time, we always try to be open and realistic with people – where we believe proposals have no hope of being approved (whether at application or Appeal stage) then we will suggest workable alternatives where we can identify them. On occasions we have turned down ‘no hope’ jobs. Honesty is the best policy and all that.

However, planning isn’t an exact science and sometimes applications do end up at Appeal. From April this year, changes are being introduced to the Appeal system which mean that getting it right first time is more important than ever.

Key Changes

• The appeals process will be more efficient but less flexible
• The quality of the initial application is more important than ever
• There is very limited scope to introduce new evidence at a later stage

From 1 April 2026, significant reforms to the planning appeals system in England came into force the intention of which is to streamline the appeals process and improve efficiency.

The most notable reform is that the majority of appeals will now be determined based on the original planning application.

Taken alongside the removal of the ‘free go’ for resubmissions of withdrawn or refused applications, and an upcoming increase in planning fees; these changes put an even greater emphasis on the need to get it right first time in order to avoid wasting time and money.

• The submission of new evidence at appeal stage will be strictly limited.
• Planning Inspectors will rely on the application documents, the local planning authority’s (LPA) decision, and the consultation responses.
• Appeals will no longer provide an opportunity to remedy or strengthen a weak application through the submission of an Appeal Statement or other evidence.

This revised system for Appeals decided under the written representation system (as opposed to a Hearing or Inquiry) means there will be limited opportunities for Appellants to respond to the reasons for refusal and that additional supporting information or amendments are unlikely to be accepted.

It is more important than ever that planning applications are comprehensive, well-evidenced, and effectively justified at the point of submission.

The need to fully assess all material planning considerations is more important than ever.

In some cases refused applications would be more appropriately and cost-effectively addressed by submitting a revised planning application. This is an approach we have often suggested to clients where the reasons for refusal can be overcome. It is a more reliable route to success than taking the original application to Appeal and risk the Inspector reaching the same conclusions as the LPA.

Third Party Comments

Under the revised system, third parties will generally not be able to submit new representations at the Appeal stage. This means anyone wishing to comment on an application must ensure that their initial representations are robustly argued and address material planning matters including relevant planning policy regardless of whether you are supporting an application or wish to object to a proposed development. We are well versed in preparing statements of objection for individuals, groups of residents, and parish councils.

Our Advice

From April 2026, every planning application should be prepared as appeal-ready on the basis that it may proceed to Appeal without any opportunity for amendment.

Strong early preparation (including seeking pre-application advice from the LPA where appropriate), clear supporting evidence, and a thorough, well-presented and robust case for approval are all more necessary than ever.

Please call for an informal chat about your development plans and the help we can offer.