Why Early Engagement With A Planning Consultant Is Now More Important Than Ever

This is no April Fool. As of the 1st April 2026, there are going to be significant changes to appeals made under the written representation procedure. In short, applicants whose planning appeals are subject to the soon-to-be expanded “simplified” written procedure will not be allowed to provide additional evidence beyond that lodged during the application stage for any development proposals submitted to councils.

Appeals will automatically be considered under Part 1 of written representation process and in terms of evidence to assess the appeal, the Inspector will only consider the application that the Local Planning Authority determined (so the drawings and reports submitted at the time the application was made), its decision notice, committee minutes / officer report and appeal form.

What this means for applicants and agents is that planning applications being submitted to Council's need to be robust, and essentially "appeal ready" as there is no opportunity within the Part 1 process to submit new evidence. For those already involved in submitting householder applications and minor applications, early engagement with Planning Consultants and other technical experts is likely to be the norm as there will be no chance to address new concerns through the appeal process.

If technical issues are a reason for refusal and these were not addressed as part of the planning application, applicants will not be able to address these as part of the appeals process and will need to resubmit their application to the Council again which will result in applicants incurring additional costs.

We understand that the Planning Inspectorate will have the power to “transfer an appeal from the part 1 process to the standard written representations process, or a hearing or inquiry, where the part 1 process is not best suited”. If an appeal is transferred to a part 2 written process, a hearing or an inquiry, the appellant will “usually be given two weeks to submit a statement of case”.

The two weeks to prepare a statement of case is significantly shorter than the 8 week, 12week and 6 month deadlines currently set for various written representation appeals.

The guidance adds that PINS is “unlikely” to accept new evidence under part 1 appeals unless there is “a material and relevant change” such as a change in development plan policy or national planning policy or a court judgment. 

As we set out from the start, early engagement with the relevant experts in now more important than ever. If you are an applicant or agent and think that you may need professional planning advice, please contact us at rachael@ablplanning.co.uk