Changes to the written representations procedure process for appeals

Introduction

On 12 February 2026, the Planning Inspectorate published a Procedural Guide for appeals in line with the impending Town and Country Planning (Appeals) (Written Representations Procedure) (England) (Amendment and Saving Provision) Regulations 2026 (“2026 Regulations”).

The 2026 Regulations will amend and expand upon, the previous Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009 and the Town and Country Planning (Development Management Procedure) (England) Order 2015.

On April 1^st 2026, the regulations came into effect. In this article we will be considering what changes have been brought about by the updated regulations, and the effect that these changes might have on planning applications seeking to appeal under section 78 of the Town and Country Planning Act 1990 (“TCPA 1990”).

Overview

The 2026 Regulations make significant reforms to the way most planning appeals are handled in England, with the overarching objective of making the appeal process simpler and more streamlined.

The principal function of the 2026 Regulations is to expand the scope of the expedited written representations appeals procedure in Part 1 of the Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009. Where previously the procedure only applied to householder appeals, advertisement consents and some minor commercial appeals, the expedited written representations (“WR”) procedure will now become the primary method for the vast majority of appeals.

In practice, this means that the existing “two-track” structure for WR will continue to operate in the same manner; with the Part 1 ‘expedited’ route (written representations) and Part 2 ‘standard’ route (hearings and inquiries) categorising how different reviews are handled.  However, the numbert of applications that fall under the expedited route will be far greater, thereby “fast-tracking” the majority of different categories of planning appeals into the WR process.

The Planning Inspectorate will apply the existing criteria for determining the procedure for planning, enforcement, advertisement and discontinuance notice appeals to assess what route is most appropriate. Additionally, under the 2026 Regulations, appellants can indicate which procedure they consider most appropriate for their respective appeal, along with their reasoning based on the specific facts involved. The allocation process will remain subject to a determination of suitability by the Secretary of State (section 319A TCPA 1990) who retains the power to transfer an appeal out of the expedited procedure in the event where not deemed suitable.

The 2026 Regulations also amend the Town and Country Planning (Development Management Procedure) (England) Order through updating the required documentation that must be submitted in conjunction with planning appeals (including a copy of the planning application, the LPA’s decision notice, other essential supporting documents), as well as various formatting requirements.

Key changes

• The majority of written representation appeals will be determined solely on the information submitted in the initial planning application.  Written representations appeals under the 2026 Regulations function as a “submit once, submit right” mechanism, whereby the Planning Inspectorate will make a decision based on the merits of the original application.
  • But for exceptional circumstances, appellants will not be able to include new evidence or additional technical data not previously seen by the Local Planning Authority (“LPA”) and interested parties at the application stage. In such circumstances, appellants must clearly state new evidence is being submitted. In effect, this change means that the documents submitted with the planning application will become appeal documents in the event an appellant is seeking to challenge an LPA’s decision.
  • This change brings about significant ramifications for applicants, and underscores the importance of scrutinising the plans and documents submitted with the application, and the need to undertake meaningful engagement and thorough pre-application consultation with relevant parties.

• There will be significantly less hearings and inquiries. Under the 2026 Regulations, the majority of appeals will now fall under the WR procedure, with hearings and inquiries, now only reserved for larger, more complex appeals. This change stems from the time consuming, and costly nature of hearings and inquiries, taking on average two months longer than the written representation process.
• A reduced opportunity for representations from interested/third parties. In most cases interested/third parties will not have an opportunity to make new or additional representations at appeal stage.
  • The Planning Inspectorate has also made clear that where a planning committee’s decision goes against the planning officer’s recommendation, “the reasons for this should be clearly stated” and that appellants “will have the opportunity on the appeal form to explain their reasons for disagreeing with the LPA’s decision”.

Timings

The new regime only applies to s.78 appeals stemming from applications made on or after 1 April 2026, with earlier applications continuing to fall under previous regulations. The Planning Inspectorate has published new and updated procedural guidance for appeals issued before April 1^st 2026, and for applications submitted after the regulations have been brought into force, reflecting the transitional arrangements brought into force by the 2026 Regulations.

Please see the respective guidance below:

Planning appeals: procedural guide. For appeals relating to applications dated on or after 1 April 2026

Planning appeals: procedural guide. For appeals relating to applications dated on or before 31 March 2026

How can we help?

The team have extensive experience of advising both developers and local authorities throughout the consenting process, including navigating planning appeals for a wide variety of different schemes. Please get in touch with us or Gary Soloman, the head of our Planning and Compulsory Purchase team, if you have any queries on responding navigating the planning appeal process for upcoming or existing planning applications. 

This article has been written by Connor Maunder. Please contact either Gary or Connor for any queries on how these changes affect you or for any advice on consenting generally.