England will introduce a default expedited route for planning appeals from 1 April 2026. Amendments to the Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009 mean most appeals under section 78(1) relating to applications submitted on or after that date will be decided by the Part 1 written representations procedure. The Planning Inspectorate will select the procedure and retains discretion to transfer an appeal to Part 2, a hearing or an inquiry where appropriate. (gov.uk)
The procedural shift is extensive. Refusals of permission, permissions granted subject to contested conditions, prior approval refusals, advertisement consent refusals, refusals of reserved matters, section 73 and section 73A applications, and appeals on permission in principle or technical details consent will ordinarily fall into the Part 1 track if the underlying application was submitted on or after 1 April 2026. (gov.uk)
Not every case is eligible for the expedited route. Appeals against non‑determination, listed building consent appeals, and appeals concerning discontinuance notices will follow the Part 2 written representations procedure. The Inspectorate also signals that some appeal types-such as appeals concerning biodiversity gain plans-may be placed on Part 2 even if technically eligible for Part 1. (gov.uk)
The Part 1 timetable is intentionally compressed. After validation, the local planning authority must submit its questionnaire and the complete application record within one week, notify interested people of the appeal, and explain there is no opportunity for further representations at the appeal stage. There is no statement of case in Part 1 for either party, and new evidence not before the authority at determination will not normally be accepted. If a planning obligation is intended, a completed version must be filed at appeal submission. (gov.uk)
For third parties, participation changes are material. In Part 1 appeals there is no new round of comments: representations made to the authority at application stage are forwarded to the Inspector and will be taken into account. Where an appeal proceeds by Part 2, hearing or inquiry, interested people will be invited to comment in line with the relevant timetable. (gov.uk)
Transitional arrangements apply. The Inspectorate has issued separate guidance for appeals linked to applications dated on or before 31 March 2026, reflecting that pre‑commencement cases continue under existing procedures. Practitioners should check the application date on every file before selecting the appeal route or drafting correspondence. (gov.uk)
Local planning authorities will need to align decision notices and appeal correspondence with the revised regime. The Inspectorate’s guidance requires authorities to notify interested people that a Part 1 appeal is underway and to confirm there is no opportunity for further representations-an operational change that should be reflected in standard letters and templates ahead of the 1 April start date. (gov.uk)
For applicants and agents, the policy implication is to front‑load cases. Technical evidence, drawings and mitigation relied upon on appeal should already be before the authority at determination. Given the absence of a statement of case in Part 1 and the need to submit any planning obligation with the appeal, teams should complete legal drafting and secure signatures in advance of lodging. (gov.uk)
The legal framework is unchanged in one respect: the procedure is selected under statutory powers and may be varied. The Inspectorate will consider parties’ views but makes the final choice, may combine procedures if necessary, and can transfer cases to a different route where the issues demand fuller testing. Practitioners should record any request for an alternative procedure with reasons, noting that the Inspectorate will explain any divergence from the parties’ preferred route. (gov.uk)
Key dates are fixed. The instrument was made on 10 February 2026, laid before Parliament on 12 February 2026 and comes into force on 1 April 2026. The Inspectorate’s dedicated guidance confirms that the new expedited default applies to appeals tied to applications submitted on or after 1 April 2026 and that separate guidance covers earlier application dates. (gov.uk)