In our first blog Part 1 Planning Appeals: What the Expedited Appeal Process Means for Applicants and Agents we looked at the significant changes introduced to the planning appeals process from 1 April 2026, including the expanded use of the Part 1 Written Representations, or expedited, procedure. The key message was clear: under the new system, an appeal is no longer an opportunity to substantially rebuild or repair a planning application after it has been refused.
But what does this actually mean for applicants and agents when preparing and submitting a planning application?
In this second part, we look at the practical implications of the new procedure and consider how the changes should influence the way applications are prepared, the evidence that is submitted and the decisions made when an application is refused. From front-loading evidence and resolving issues during the application process, to considering whether an appeal or fresh application offers the better route forward, the new system makes getting the application right first time more important than ever.
So what does it mean in practice?
The new procedure changes the way planning applications should be approached.
1. Front-load the evidence
The application submission should contain the evidence needed to demonstrate that the proposal is acceptable. Do not assume that a missing report can simply be commissioned after refusal and submitted to the Planning Inspectorate.
Where appropriate, this may mean obtaining early advice on:
- planning policy;
- highways;
- ecology;
- heritage;
- landscape;
- drainage and flood risk;
- trees;
- noise;
- viability; and
- other technical matters relevant to the proposal.
2. Treat the planning application as though it may need to go to appeal
This does not mean every application needs to be overloaded with unnecessary reports. However, where a particular issue is likely to be contentious, the applicant should consider whether sufficient evidence has been provided to enable both the LPA and, if necessary, an Inspector to properly assess the issue.
3. Use the application process to resolve issues
The new system places greater emphasis on resolving issues before a decision is issued. That may mean:
- engaging in pre-application discussions;
- responding promptly to consultation issues;
- providing additional information during the application process where appropriate;
- negotiating planning obligations early; and
- considering whether amendments are necessary before the application is determined.
The opportunity to make changes during the application process may be considerably more valuable than the opportunity to respond after a refusal. However, be aware some LPAs don’t accept further information/evidence during the determination period which is very unhelpful to applicants.
4. Think carefully before lodging an appeal
An appeal may still be the correct course of action where the LPA has made an incorrect assessment of the proposal or has misapplied planning policy. However, where the refusal identifies a genuine evidential gap or a problem that requires changes to the scheme, a fresh application may sometimes offer a better prospect of success.
5. Planning Obligation
If a s106 is required to deal with the reason for refusal, submit an executed copy at the start of the appeal.
A new approach to planning appeals
The introduction of the expanded Part 1 Written Representations procedure is one of the most significant procedural changes to planning appeals in recent years.
For many applicants and agents, the biggest adjustment will be recognising that the appeal is no longer the place to substantially develop or repair the planning case.
The application stage is now even more important. A well-prepared application, supported by the appropriate evidence and with key matters such as Section 106 obligations considered early, should be better placed to withstand both the LPA’s determination process and any subsequent appeal.
Conversely, an application that goes to appeal with significant evidential gaps may be much harder to rescue.
At Planning House, we can help clients consider their options before submitting a planning application or lodging an appeal. In some cases, an appeal will remain the right approach. In others, particularly where important evidence is missing or the proposal needs to be amended, submitting a revised application may provide a more effective route forward.
The key is to consider the strategy early. Under the new Part 1 process, getting the application right the first time has never been more important.
Need advice on a planning appeal?
If your planning application has been refused, or you are considering submitting an application that could involve complex planning issues, Planning House can help you assess the available options. Contact Us.
Related Content
If you’re preparing or responding to a planning appeal, getting expert advice early can significantly improve your chances of success. At Planning House, we help ensure your case is robust, policy-led, and credible, combining professional insight with the careful, responsible use of AI tools. Other blogs you may find useful in relation to understanding the issues surrounding development proposals are:
- Part 1 Planning Appeals: What the Expedited Appeal Process Means for Applicants and Agents
- The Dos and Don’ts of Appealing a Planning Refusal in England
- How the National Planning Policy Framework (NPPF) Guides Development
- How to Make a Robust Planning Application
- How Planning Applications Are Decided: Understanding Material Considerations
- A Practical Guide to Material Planning Considerations
- Top 10 Tips when considering Appealing a Planning Refusal
- Know your options if your planning application is refused
