New Planning Appeals Process Will Speed Up Decisions, But Could Limit Ability to Make Amendments

The government’s recent update to the written representation route for planning appeals marks a clear shift towards speeding up decision-making, but it also brings potential concerns for applicants and planning professionals.

Under the revised guidance, inspectors will now consider only the evidence that was put before the local planning authority during the original application process. This change is intended to reduce delays by eliminating the introduction of new information during appeals and encouraging a full body of evidence to be provided upfront.

While the aim of increasing efficiency is welcomed, the implications of the new approach raise some important considerations.

Loss of Responsiveness During Applications

One concern is that the new system may reduce applicants’ ability to respond to emerging issues that arise during the application process. Sometimes unforeseen issues arise late in the determination process, and in some cases, there is limited opportunity to address those points before a decision is issued.

Previously, the appeals process offered a further avenue to respond with revised plans or clarifications, an option that may now be closed.

This could be especially problematic in situations where there has been a genuine effort to resolve matters collaboratively. Without the ability to submit new evidence at appeal, applicants may face refusals even when a solution could have been easily negotiated after submission.

Impact on Fairness and Decision Quality

There is also the question of fairness. Planning applications can evolve in response to feedback from consultees and local authorities, and in some cases, updates are critical to reaching a balanced and informed decision. Restricting appeals to the original evidence could reduce flexibility and risk decisions being made without consideration of relevant and timely updates.

What Comes Next

This reform clearly reinforces the importance of a complete and robust initial submission. Planning professionals will need to place greater emphasis on anticipating possible objections and addressing them early in the process. However, it remains to be seen how effectively this new approach can balance efficiency with fairness and responsiveness.

More detail on the changes is available from the Department for Levelling Up, Housing and Communities: A faster, more efficient planning appeals process – GOV.UK

Writer: Anthony Frendo, Planning Director