Planning Appeal changes – An applicant’s perspective

Recent changes to the planning appeals process have introduced a major shift in how planning applications must be prepared and managed. Applicants, landowners and developers cannot afford to overlook this change, as the implications are potentially huge. 

Before this change, the appeal process was a valuable if lengthy means to have an application considered objectively and to explore key issues raised by the Local Authority in refusing the application. The appeal process offered an opportunity to respond to reasons for refusal — whether that meant commissioning additional technical reports, refining design elements, or addressing concerns raised by consultees. That safety net has now effectively gone. 

Under the updated approach, the ability to submit new evidence at the appeal stage has been removed. In simple terms, whatever you submit with your original planning application is, in most cases, all you have to rely on to win an appeal. 

What does this mean for you? 

As always, our job is to cut through the dry technical matters and tell you what this really means. 

1. Watertight applications are essential 

We cannot stress this point enough. Although there are some limited circumstances where additional information can be submitted at appeal, in most cases the appeal will be decided based on the application information with no submissions. The application therefore needs to cover everything in sufficient depth to withstand a refusal. Planning refusals often hinge on matters that can be resolved with further supporting information — ecology surveys, transport assessments, arboriculture reports, landscape visual assessments, drainage strategies, heritage statements, or refined design responses. Without the ability to introduce this material later, any gaps or weaknesses in the original submission could prove fatal to the scheme. 

2. Application costs will increase 

Because submitting watertight applications is so crucial, most applications are going to be heavily front-loaded with reports and design information. Whereas previously it has been possible to submit quick, low costs applications with the safety net of changing at appeal, following the changes, if an issue hasn’t been robustly addressed from the outset, there may be no opportunity to revisit it. 

3. Resubmit rather than appeal 

The guidance states that “If an applicant thinks that amending their application will overcome the LPA’s reasons for refusal, they should make a new planning application” (rather than submitting amended plans during an appeal).  

4. The Importance of the Right Team 

More than ever, the success of a planning application will depend on the strength of the team behind it. Choosing an experienced planning lead is no longer just important — it’s the difference between success or failure. The right planning lead will strategise and anticipate issues and problem areas, working to address them before they arise.  

Our analysis 

The changes to the appeal process are designed to improve the quality of applications and decision-making alike: applicants to submit better, well-thought-out applications; decision-makers to make objective, policy-based and defendable decisions. It’s also intended to cut down workload for the Planning Inspectorate. It’s hard to argue with this logic in principle, particularly as part of the wider planning reforms that Government is rolling out. 

There are some positives to this process, not least that when it is necessary to run an appeal, these should be much quicker and cheaper than the current process. The changes will, hopefully, challenge Local Authorities to make more objective and evidence-based decisions, which is welcome. 

It might be quite hard to see this change as anything but a blow for applicants. It means more cost upfront, more time to prepare applications – both of which mean more risk. It also risks putting more power into the hands of Local Authorities to make arbitrary decisions, especially around subjective design matters, and to force applicants into a series of resubmissions. 

At Exdell Limited we’re quietly confident. Our key strength has always been the ability to strategise and plan ahead, especially in planning scenarios. Early advice remains an integral part of our service and we will continue to prepare robust, evidence based and appeal-proofed applications for our Clients. 

Why not contact Exdell Ltd for a free discussion of your project including how these changes may affect you?