Planning Appeals: new procedure guide published

Taking Part in Planning Appeals: The New System

All planning appeals relating to applications submitted on or after 1st April 2026 follow a new procedure. For town and parish councils, the most important thing to understand is this: under the new system, your opportunity to influence a planning appeal is almost entirely at the application stage, not the appeal stage.

May saw the latest update to information about this change, with a new procedural guide for appeals published by MHCLG.

planning-appeals-new-guidance-released

The new default: Part 1 written representations

The vast majority of appeals now follow the 'Part 1' expedited written representations procedure. Under Part 1, the Inspector decides the appeal solely on documents that were already before the local planning authority (LPA) when it made its decision - the application, decision notice, committee minutes, and officer report. Interested persons, including parish and town councils, have no opportunity to make new representations at appeal stage. Your application-stage consultation response is forwarded to the Inspector automatically and that is your case. If it was too brief or not grounded in planning policy, it will carry little weight.

This makes strong, policy-focused responses to planning consultations more important than ever. For cases where your council objects or supports the application: identify the specific development plan and neighbourhood plan policies the proposal conflicts or complies with, explain how it conflicts or complies, and say why the LPA's refusal was correct or incorrect. Brief letters of objection without policy grounding will not assist the Inspector.

When you can make additional representation at appeal

There is one exception under Part 1 to add new information, but only in exceptional circumstances, for example:

• "A material and relevant change in development plan policy and/or national planning policy (including emerging policies)

• A material and relevant Court judgement(s)

• A requirement, following a screening direction, for an Environmental Statement to be submitted under the EIA Regulations.

• A relevant decision is made on another application or appeal"

Additionally, Part 1 is not the only procedure. More complex or contested appeals may follow Part 2 written representations, a hearing, or a public inquiry — and under all three, you have a genuine opportunity to engage.

For Part 2 and hearings, written representations must be submitted within five weeks of the appeal start date using the Planning Inspectorate's online portal. At a hearing you may also attend and speak; the Inspector will usually allow parish and town council representatives to do so. Keep representations concise and focused on policy - and don't feel you need to read out your written representation.

For inquiries, town and parish councils with a significant interest — particularly where a neighbourhood plan is engaged — should consider applying for Rule 6 status. This makes your council a main party to the inquiry, entitled to submit a full statement of case, attend the case management conference, submit proofs of evidence, and cross-examine witnesses. Applications should be made as early as possible after the appeal start date.

What to do before an appeal is lodged

Given that Part 1 gives you no appeal-stage opportunity, the time to act is during the original application process.

• Respond in detail to planning consultations, citing specific policy conflicts

• Attend and speak at planning committee — your concerns will be on the record

• Engage with the planning officer before committee to ensure the reasons for refusal properly reflect all relevant policy grounds

• Ask your LPA to notify you when appeals are made on applications in your area, and check the procedure immediately — it determines whether you have any further opportunity to engage

Neighbourhood Plans

If your council has an adopted neighbourhood plan, use it! A made neighbourhood plan is part of the statutory development plan and carries full policy weight at appeal. If your plan has passed its referendum but is not yet formally made, draw this to the Inspector's attention — it remains a material consideration due to pre-maturity.

This quick ONH Explainer is provided as general guidance - if your Council is dealing with a complex or contentious appeal please speak to us for professional advice.