New Planning Appeal Rules 2026: What’s Changed (and How a Planning Consultant Can Protect Your Planning Appeal)

If you’re relying on the appeal stage to “tidy up” drawings, evidence or policy justification, the rules from 1 April 2026 are designed to make that far harder.

For many developments, the Planning Inspectorate’s updated approach puts much more emphasis on what the Council had in front of it when it made its decision. In other words:

Your planning application now needs to be appeal-ready from day one, because your planning appeal may be decided largely on the original application package.

This article explains the key changes, what they mean for householders and small developers, and how a planning consultant can improve your chances of success.

The key changes to planning appeals from 1 April 2026

Most Section 78 planning appeals will use a faster “Part 1” written representations route

For applications submitted on or after 1 April 2026, many Section 78 planning appeals will generally proceed under an expanded Part 1 written representations procedure (subject to exceptions and the Inspectorate’s discretion).

What this means for appellants: written rep appeals can be quicker, but they are typically less forgiving. The process is built around a streamlined timetable and tighter control over what gets added later.

The Planning Inspectorate decides the appeal procedure

The Planning Inspectorate will decide whether an appeal proceeds by:

written representations,
a hearing, or
a public inquiry,

taking account of the case type and complexity.

Practical takeaway: you can express a preference, but you shouldn’t assume you’ll automatically get the forum you want. That makes it even more important your written evidence is robust and complete.

“No second bite”: the Council’s report and your application documents become the core appeal bundle

Under the Part 1 written reps approach, the Local Planning Authority’s officer report (or committee report/minutes, where relevant) and the application documents it considered can form the backbone of the Council’s case.

In plain English: if key evidence wasn’t properly submitted with the application, design rationale, heritage impact, highways information, plans, photos, or policy justification, your appeal may start on the back foot.

This is one of the biggest reasons we’re advising clients to treat the planning submission as if it’s already the appeal pack.

Interested parties may not get a new “appeal comment” stage under Part 1

Under Part 1 timetables, interested party representations are often drawn from what was submitted during the planning application stage.

Why this matters: the application stage now carries even more weight for both support and objections. If neighbour amenity or local character is a key issue, the way you address it upfront can be crucial.

Why the new planning appeal process matters for householders and developers

Householder planning appeals

Householder and small domestic proposals are often refused for:

design and character,
overlooking / privacy,
daylight / sunlight,
scale and overdevelopment,
highways and parking.

A strong appeal statement and evidence pack can still win cases, but the new approach increases the risk of appeals being decided without the “extra rounds” people used to rely on.

Small developer planning appeals

For minor residential schemes, conversions and infill, refusals often revolve around:

layout and character,
access and parking,
heritage and setting,
landscape or settlement policy,
sustainable development arguments.

Under the streamlined approach, weak or missing evidence at application stage is more likely to carry through into the appeal.

How to make your planning application “appeal-ready” (best practice checklist)

If you want a smoother, stronger planning appeal, you start by submitting a stronger application. Here’s the checklist we use as a planning consultant when advising clients:

1) A clear Planning Statement (policy-led, refusal-proof)

A good Planning Statement should:

identify the key development plan policies,
address the NPPF at the right points,
tackle the likely refusal themes head-on (design, amenity, highways, heritage),
set out a clear planning balance.

This isn’t about length, it’s about clarity, structure and anticipating the Council’s concerns.

2) Evidence that answers the “usual” refusal reasons

Depending on the site, consider including:

accurate existing/proposed plans and elevations,
site photos and context analysis,
privacy/overlooking and separation distance diagrams,
heritage statement / setting assessment where relevant,
access, parking and turning evidence (and swept path where necessary),
noise/odour/servicing notes for mixed-use edges.

3) Design rationale that reads like an appeal argument

Under the new appeal rules, your design justification shouldn’t be an afterthought. A short, well-structured rationale can often prevent a refusal and if it does go to appeal, it gives your case a solid starting point.

What to do if you’ve already been refused

A refusal doesn’t automatically mean you should re-submit. The right route depends on the reason(s) for refusal, the site context, and whether the Council’s assessment is sound.

When a planning appeal is often the better route

A planning appeal may be the best option where:

the refusal misapplies policy,
the officer report contains internal inconsistencies,
the decision gives disproportionate weight to a single harm,
similar schemes nearby have been approved,
a clear planning balance supports approval.

When a revised application may be smarter

A re-submission may be preferable where:

a small design change resolves the harm (windows, roof form, massing),
highways concerns can be fixed with layout evidence,
the Council’s reason for refusal is narrow and solvable quickly.

We can quickly triage this and advise on the fastest route to a consent.

How a planning consultant helps under the new appeal rules

With the new emphasis on “what was before the Council”, the value of professional input has increased in three practical ways:

Appeal-ready applications – building the submission so it stands up if refused.
Stronger appeal statements – policy-led, structured, and targeted to the refusal reasons.
Better evidence strategy – making sure the right drawings and supporting documents exist at the right stage.

In most cases, the goal is simple: reduce uncertainty and remove easy refusal points.

FAQs

What is a Section 78 planning appeal?

A Section 78 appeal is the standard route to appeal a refusal (or certain other decisions) to the Planning Inspectorate.

What is a written representations planning appeal?

A written representations appeal is determined on written evidence (no hearing/inquiry). Under the updated process, many appeals are likely to follow a faster timetable.

Do the new planning appeal rules apply to all cases?

They apply based on the date your planning application was submitted (from 1 April 2026 onwards) and the Planning Inspectorate’s chosen procedure for the case.

Can I submit new information at appeal?

Sometimes, but the direction of travel is to streamline the process and rely more heavily on the documents already submitted at application stage. The safer approach is to make the application appeal-ready.

Need help with a planning appeal?

If you’ve received a refusal, a planning consultant can review:

the decision notice and reasons for refusal,
the officer report,
your submitted plans and supporting documents,

and advise whether you should appeal, revise and resubmit, or pursue a different strategy with a clear plan to strengthen the case.