Planning law grants you the right of appeal when a Local Planning Authority (LPA) has refused to grant you planning permission, granted planning permission but subject to conditions that are not acceptable, or has failed to issue a decision within the statutory timeframe.
From April 2026, significant changes to the appeals process will limit applicants’ opportunities to introduce new evidence at the appeals stage. The stated goal of these changes is to streamline appeals and reduce delays, but the main impact on appellants is a greater emphasis being placed on the content of your original planning application. This guide explains what has changed, how it affects homeowners, and why a well-prepared planning application is now more important than ever.
How Planning Permission Appeals Work
If your planning application is refused, you have the right to appeal to the Planning Inspectorate under Section 78 of the Town and Country Planning Act 1990. Following a Section 78 appeal being submitted, an independent Inspector will reassess your application based on planning policy, supporting evidence and the merits of the proposal.
Appeals can follow different procedures depending on the complexity of the case. There are three statutory procedures; written representations (the most common), hearings and inquiries. The Planning Inspectorate have the power to decide which procedure your appeal will follow, and law allows them to combine elements from all three procedures if required. However generally most appeals will follow the written representations procedure, and this is especially true for appeals relating to small schemes and homeowner applications. The written representations procedure is actually split into two entirely separate routes.
The Part 1 (Expedited) Procedure
The Part 1 (expedited) procedure allows the Planning Inspector to consider the application as it was originally made to the LPA as well as any amendments, comments or evidence that were submitted during the original application process. Whilst you are allowed to explain your reasons for disagreeing with the LPA’s decision on the appeal form you are not generally allowed to use the appeal form to introduce new evidence that wasn’t originally submitted with your initial application. The Planning Inspectorate explicitly notes in their procedural guide that new evidence submitted at appeal under Part 1 may be disregarded.
The only exception to these strict rules on new evidence is if there has been a ‘material change in circumstance’. In practice the conditions for meeting this test are quite strict, covering changes to national policy, relevant court judgements or a relevant decision made on a related application or appeal.
Additional representations from interested people (third parties) are not permitted under Part 1, but representations made during the initial application will be considered by the Planning Inspector. The timetable for a decision under Part 1 is usually much quicker than for an appeal conducted under Part 2 and the Inspector assigned to the case will usually conduct a site visit under either procedure.
The Part 2 (Full) Procedure
The Part 2 procedure is very different from Part 1 because you are allowed to submit a full statement of case. Although the Planning Inspectorate notes that ‘in general, appeals are determined on the same basis as the original application’ and ‘the appellant may open themselves up to an award of costs if new evidence… is submitted with the appeal’, in practice the additional submissions allowed under Part 2 permits appellants to introduce updated materials with the appeal. It’s worth noting that this flexibility can be a double-edged sword, as your LPA is also permitted to make a detailed statement of case under Part 2, and interested people (e.g. third parties / neighbours) are also permitted to submit additional written representations.
What’s Changed in the Appeals Process
Prior to April 2026 the only appeals that would usually follow the Part 1 procedure were appeals for refusal of homeowner applications and minor commercial appeals, such as consent to display an advertisement or shop front appeals. But from April 2026 all Section 78 written representations appeals will use the Part 1 procedure, including appeals on retrospective applications, removal or variation of conditions and commercial planning appeals handled under the written representations procedure. Appeals will only be conducted under Part 2 if the Planning Inspectorate decides this is required, and such cases are expected to be rare.
In practice, this means that appeals that would previously have been handled under Part 2 will now be handled automatically under Part 1, and there won’t be any opportunity for most appeals to introduce new evidence or make additional written representations to support their case. Generally, the only evidence that will be considered by the Planning Inspector is evidence that was submitted with the original application.
Finally, it’s worth noting that other types of appeal, for example Section 174 appeals against enforcement notices aren’t covered by this change.
What the Changes Mean for Your Planning Application
From April 2026 it’s even more important that your planning application is comprehensive, well-prepared, aligned with local and national policy, and contains all the information and evidence needed for successful determination or appeal.
Your application should include all relevant supporting information and evidence when submitted, including drawings, planning statements and any specialist reports needed to address policy requirements or site constraints. Our guide to applying for planning permission is mainly relevant for homeowners but contains detailed information on how to make a successful application that’s relevant for any planning application.
How a Planning Consultant Can Help
The main action following the April 2026 rule changes is to ensure that initial planning applications, especially applications covered by the rule changes (such as retrospective applications) are as comprehensive and well-prepared as possible. A planning consultant can help ensure that your application is properly prepared from the outset, with a clear understanding of local policy, site constraints and potential objections. This includes advising on design, preparing supporting statements and coordinating any technical inputs required to support the proposal.
If your application is refused, a planning consultant can also assess whether an appeal is worthwhile under the new rules or whether an alternative strategy, such as submitting a revised application, is more appropriate.
At Holland Lloyd, we have a strong track record of working closely with homeowners and developers & landowners to prepare robust planning applications. Where appeals are necessary, we ensure that cases are structured correctly from the outset, in line with the updated Planning Inspectorate requirements. Whatever your scheme or vision, we can provide clear, practical advice to help you navigate the new appeals landscape with confidence.
FAQs
What has changed in the planning appeals process from April 2026?
All written representations appeals under Section 78 TCPA will now use the Part 1 (Expedited) procedure. This means that there is no opportunity for new evidence to be submitted during the appeals process for most cases.
Can I submit new evidence during a planning appeal?
For most cases the Planning Inspectorate will expect your full case to have been presented to your LPA before your appeal is made. You won’t be permitted to introduce new evidence during the appeal process.
Do these changes apply to all planning appeals?
They apply to appeals against planning applications submitted on or after 1 April 2026 under Section 78. Other appeal types, such as enforcement appeals, follow different procedures.
How can I maximise my chances of success under the new system?
By preparing a comprehensive, well-supported application from the outset. Holland Lloyd’s services are designed to help homeowners, landowners and developers prepare the strongest planning applications possible.