Planning Inspectorate appeal guidance is changing from 1 April 2026: what you need to know

The Planning Inspectorate (PINs) has introduced further changes to its appeal guidance. Ther new guidance tightens the written representations procedure further – and applies to all appeal applications made from 1 April 2026.

Below is a short summary of the key changes, what they mean in practice, and some early concerns to note.

“Part 1” written reps is being expanded

The main shift is that the “expedited” or “Part 1” written representations procedure – which is currently used for householder and minor commercial appeals – will be extended to most appeals to be determined by written representations.

No new evidence at appeal stage

Under the procedure, the appellant will not be able to submit evidence that was not previously before the local planning authority (LPA) when it made its decision. Instead, the Inspector will determine the appeal using only:

• The application documents that the LPA considered (including supporting evidence, plans and interested party comments);
• The LPA’s decision notice (including reasons for refusal, where relevant);
• The LPA’s planning officer report and committee minutes;
• The appeal form; and
• The LPA’s appeal questionnaire.

Third parties will also not be able to make further representations at the appeal stage.

Section 106 agreements still need to be completed upfront

As is already the case with written representation appeals, if a section 106 planning obligation is required, the completed agreement must be submitted when the appeal is submitted.

Which appeals will still follow “Part 2” written reps?

After these changes, only the following appeals will remain in the Part 2 written representations procedure:

• Appeals for non-determination;
• Appeals relating to listed building consent; and
• Appeals relating to a discontinuance notice.

However, PINs will retain discretion to decide that an appeal eligible for Part 1 should instead follow a different procedure.

Why are PINs making these changes?

The explanatory memorandum accompanying the Regulations points to speed. It notes that appeals under:

• Part 2 took an average of 29 weeks, while
• Part 1 took an average of 18 weeks.

The memorandum suggests the changes will:

• Allow more written representation appeals to be decided more quickly;
• Reduce pressure on LPAs by removing the need for a full statement of case (but increasing reliance on decision notices and officer reports being detailed);
• Remove the need to process and publish further third-party representations;
• Reduce the burden on all parties by removing further comments at appeal stage; and
• Reduce documentation required from appellants – extending the streamlined process to larger developments too, to support housing delivery and growth.

Practical concerns to watch

Quicker decisions are in everyone’s interests, but several concerns are already being raised.

1. Is requiring completed s106 agreements before appeal realistic?

For developments needing a section 106 obligation, completing it before an appeal is submitted can be challenging in practice. – particularly without input from the LPA who will ultimately monitor and enforce the obligations. A rushed section 106 could lead to obligations that are difficult to operate or monitor once implemented.

2. Will this disadvantage unrepresented appellants?

With no opportunity to add new evidence at appeal, appellants may need to do substantially more work up front. That may be particularly difficult for appellants who do not instruct planning professionals.

3. What about refusals against officer recommendation?

If members refuse an application against officers’ advice, the reasons for refusal (and supporting rationale) will have to rest on the minutes of the committee meeting. In those cases, this could mean a greater number of deferrals so that credible potential reasons for refusal can be prepared.

It will be interesting to see what practical impact these changes have in practice as more and more appeals are submitted in accordance with this new guidance.