The Government have recently published guidance outlining changes to the written representation appeals process, expected in late 2025.
The ‘simpler’ process currently for householder and commercial appeals will be extended to the refusal of planning permission or reserved matters; the imposition of conditions on approvals; and the refusal of prior notification or prior approval. The process will also be amended so that the planning inspector will decide the appeal on the same basis and information as the planning application, without the main parties needing to submit new evidence.
As a result, when submitting their appeal, appellants will usually only need to submit: a brief statement responding to the LPA’s decision and why they disagree; a copy of their application; and the notice of the local authority’s decision.
While changes to simplify the appeals regime is welcome, no new evidence can be submitted. Consequently, these changes will impact casework and the quality of planning applications / evidence submitted during the local planning authority consent stage. For instance, the extent of supporting statements may need to be widened to ensure eventualities are covered. Moreover, clients will need to consider the implications of commissioning appropriate evidence to support applications unless there are exceptional circumstances to provide new evidence at the appeal stage.
More information about these prospective changes can be read online.
