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Revised guidelines affecting the appeals process were published recently by the Planning Inspectorate, effective on 1^st April 2026. The main takeaway points are:

• The Planning Inspector will only consider the documents submitted at the application stage. These documents are limited to the decision notice, the committee minutes, and Planning Officer report. Additionally, the appeal form and the Council’s appeal questionnaire will be taken into account.
• The appellants and councils will no longer be able to submit a statement of case, or to respond to one another’s statements.
• If a planning obligation (commonly known as a Section 106 agreement) is required to support the appeal, an executed (completed) document should be provided at the time of lodging the appeal. The timing of lodging the appeal will therefore become important to ensure the planning obligation is ready in good time before you lose your right to appeal, which is normally six months for more complex appeals.

The immediate implication is that when submitting a planning application, all the relevant information and surveys should be frontloaded given that there will not be an opportunity to do so at the appeal stage.

One of the potential pitfalls is that a lot of councils no longer accept additional information during the course of the application process, leaving applicants with a choice between withdrawing an application and re-submitting it or risking a refusal of permission.

Talk to the experts to navigate these issues. Please contact Abel for more information.