Written by Nikki O’Hagan, 21st April 2026

The Government has recently published a new planning appeals guide. The guide significantly changes the way most planning appeals will be dealt with in England. In particular, it introduces a new expedited procedure that is to become the default for most appeals. It also places much tighter limits on the submission of new evidence or amendments at appeal stage. The new guidance can be viewed here:

When do the changes take effect?

The key date is 1st April 2026, but what matters is the date the planning application was submitted, not the date the appeal is lodged. If the planning application was submitted on or after 1st April 2026, the new guidance will apply. However, if the application was submitted on or before 31st March, the old guidance will continue to apply, even if the appeal is made after 1st April 2026.

What appeals does the new planning appeals guide apply to?

The new planning appeals guide applies to most types of planning appeal, including full and outline planning, commercial, householder, listed building consent and advertisement appeals. It covers appeals against a refusal of planning permission, appeals against conditions imposed on a planning permission, and appeals where the local council has failed to issue a decision in time.

Enforcement appeals remain subject to separate guidance.

Part 1: A new default “expedited” procedure for most appeals

One of the most important changes is the creation of a new “expedited” Part 1 appeals procedure. Most planning appeals will automatically follow this new procedure.

The Planning Inspectorate will have the ability to move an appeal to a different procedure. The appellant and the council can also request that an appeal is allocated to another procedure. The Inspectorate will take the views of both parties into consideration.

Some types of appeal will never follow the new Part 1 route and will automatically follow the new Part 2 procedure instead. That includes listed building consent appeals and appeals against a council’s failure to issue a decision on time.

No statement of case

Under the Part 1 procedure, the appellant can no longer submit a statement of case. This marks a significant change from the way that appeals have previously been handled. The statement of case previously gave the appellant the opportunity to respond in detail to the council’s reasons for refusal, challenging policy interpretation, correcting factual errors, and drawing support from other appeal decisions or legal authorities. Under the new Part 1 process, that opportunity is removed.

The new guidance does indicate that the appellant will be able to explain their reasons for disagreeing with the council’s decision on the appeal form. However, it does not yet spell out exactly how that section will operate in practice, including whether it will be subject to any strict word limit.

The same restriction broadly applies to the local council and members of the public. In Part 1 appeals, the council is not entitled to submit a statement of case. Members of the public cannot make fresh comments at appeal stage either, but comments submitted during the application stage will still be considered by the Inspector.

No new evidence

Unless there has exceptionally been a material change of circumstance, an appellant is not allowed to submit any new evidence. That includes new or amended planning drawings, statements and technical reports.

The intention is that Part 1 appeals will be decided on the basis of the material provided at application stage. For the appellant, that material will normally include their drawings, planning statement, design and access statement and other supporting documents. For the council, it will include the decision notice, officer’s report and comments from their consultees. Members of the public will still be able to comment during the application and those comments will also be taken into consideration by the Inspector.

If an appellant considers that the council’s reasons for refusal could be overcome by making amendments to their proposal or submitting additional documents, the expectation is that they will submit a new planning application rather than pursuing an appeal.

Part 2: Closer to the current system

The Part 2 procedure is much closer to the traditional written appeal process. Some appeals, including listed building consent appeals and appeals against a council’s failure to issue a decision on time, will automatically follow the Part 2 process. Other appeals may be transferred from Part 1 to Part 2 at the Planning Inspectorate’s discretion.

Statement of case

Under the Part 2 procedure, the appellant is expected to submit a statement of case. This is their opportunity to comprehensively address the local council’s reasons for refusal. The council can then submit its own statement, members of the public can comment, and the appellant normally has a final right of reply.

One important practical point is this: if an appeal is transferred from Part 1 to Part 2, the appellant will usually be given two weeks to submit a statement of case. That is not a long period, so early preparation will be important.

Limited new material only

There is slightly more scope in Part 2 for additional evidence, such as technical reports or surveys, to be submitted. However, that does not mean there is no risk. Inspectors will have the discretion to turn new material away, so an appellant should not assume it will be accepted. The guidance also makes clear that an appellant may face an award of costs* if they seek to provide new material that they could reasonably have anticipated would be needed at application stage. That may include evidence flagged in pre-application advice, local validation requirements, planning policy or in correspondence with the council.

*meaning, they may be required to pay some or all of the council’s appeal costs.

New material will generally be accepted in the following circumstances:

• There has been a relevant change in policy since the application was determined.
• A relevant decision has been made on another planning application or appeal. This may include, for example, a similar proposal being approved in the same location.

Amendments remain tightly controlled under Part 2 as well. The guiding principle is that the Inspector should be dealing with essentially the same scheme that was before the council at application stage. That means minor alterations or corrections may be accepted on an exceptional and limited basis but significant re-designs will not.

What about hearings and inquiries?

Hearings and inquiries, which are the more formal appeal procedures, are retained. These procedures are generally reserved for cases that are especially complex, contentious, or require testing of evidence in person. Only a small minority of appeals are currently dealt with in this way. This will remain the case, with most appeals following the new Part 1 and Part 2 written procedures.

What should applicants and developers do?

The key takeaway is straightforward: applications need to be more comprehensive and robust from the outset. That means giving attention not only to the quality of the application package, but also to its completeness. Drawings, statements, supporting documents, technical reports and the planning case itself should be prepared on the basis that they may later need to stand on their own at appeal.

In addition, constructive engagement with the local council over the course of an application is now more important than ever. This can allow potential reasons for refusal to be identified and resolved before a decision is issued, avoiding the need for an appeal or revised application altogether. That may, however, be easier in some areas than in others, as the level of engagement offered by councils varies considerably. In some locations, meaningful officer feedback is only offered where a proposal has first been the subject of pre-application advice.

For some refused applications, an appeal will still be the appropriate route. However, where a refusal could realistically be overcome by additional evidence or reasonable revisions to the proposal, a fresh application may now be the more sensible and effective option.

If you are considering an appeal under the new regime, it is advisable to seek advice at an early stage. Call Planning Direct today. Our initial advice is always free of charge.