From April 1, 2026 (not an April Fools), significant changes to the written representations appeal process will come into force in England. As this route accounts for the vast majority of planning appeals, the implications are substantial for applicants, landowners and developers.
The Planning Inspectorate has confirmed that, under the new process, the opportunity to submit additional information at appeal stage will be removed. In practical terms, this means the material submitted with the original planning application will form the basis of any subsequent appeal.
What This Means in Practice
Under the revised procedure, there will be no Statement of Case or final comments stage for either party; Inspectors will only consider material submitted to the local planning authority (LPA) during the application process; the LPA’s position will be based on the officer’s report and committee minutes (where relevant); and no additional third-party representations will be accepted at appeal stage.
In effect, once a decision is issued, the appeal will be determined solely on the documentation already before the LPA.
There are important exceptions. The changes do not apply to non-determination appeals; listed building consent appeals; or lawful development certificate appeals.
However, for standard written representation appeals, this represents a clear shift in approach.
A Fundamental Cultural Shift
At Sheldon Bosley Knight, we see this as a decisive change in planning strategy. Appeals will no longer offer a meaningful opportunity to introduce revised plans or additional technical evidence to address refusal reasons. Inspectors will only accept new evidence in exceptional circumstances.
Where deficiencies exist in the original submission, the likely route will be a fresh planning application and a further application fee. This reinforces the importance of submitting a comprehensive and well-evidenced proposal from the outset.
There are also strategic implications. Planning applications must now be fully evidenced and technically robust at submission; strategically framed to anticipate potential refusal reasons; and supported by proactive engagement with consultees during determination.
The ability to pursue a non-determination appeal, where a full Statement of Case remains permissible, may become a more important tactical consideration in some cases.
Final thoughts
The message is clear: the application stage is now more critical than ever. Appeal is no longer a second opportunity to strengthen a proposal. It is effectively a review of the original submission.
At Sheldon Bosley Knight, our focus is ensuring every application we submit is strategically prepared, technically robust and capable of withstanding scrutiny from day one.
In this evolving planning landscape, careful preparation is no longer best practice, it is essential.
To find out more please contact our planning and architecture department on 01789 387887.