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The monthly magazine providing news analysis and professional research for the discerning private investor/landlord

Planning Appeals Overhauled

Gary Soloman, partner at Burges Salmon, & apprentice solicitor Connor Maunder, comment on what England’s new regulations mean for developers

On 12 February 2026, the Planning Inspectorate published a Procedural Guide for appeals in line with the impending Town and Country Planning (Appeals) (Written Representations Procedure) (England) (Amendment and Saving Provision) Regulations 2026 (2026 Regulations).

The 2026 Regulations will amend and expand upon, the previous Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009 and the Town and Country Planning (Development Management Procedure) (England) Order 2015.

On 1 April 2026, the regulations came into effect. In this article we will be considering what changes have been brought about by the updated regulations, and the effect that these changes might have on planning applications seeking to appeal under section 78 of the Town and Country Planning Act 1990.

Overview
The 2026 Regulations make significant reforms to the way most planning appeals are handled in England, with the overarching objective of making the appeal process simpler and more streamlined.
The principal function of the 2026 Regulations is to expand the scope of the expedited written representations appeals procedure in Part 1 of the Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009. Where previously the procedure only applied to householder appeals, advertisement consents and some minor commercial appeals, the expedited written representations (WR) procedure will now become the primary method for the vast majority of appeals.

In practice, this means that the existing “two-track” structure for WR will continue to operate in the same manner; with the Part 1 ‘expedited’ route (written representations) and Part 2 ‘standard’ route (hearings and inquiries) categorising how different reviews are handled. However, the number of applications that fall under the expedited route will be far greater, thereby “fast-tracking” the majority of different categories of planning appeals into the WR process. 

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