A refusal of planning permission does not necessarily end a development proposal. In England, the applicant can usually appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990, with most appeals determined by an Inspector appointed by the Planning Inspectorate.
Table of Contents
- Start With the Reasons for Refusal
- The Application Date Now Affects the Procedure
- Written Representations: The Usual Starting Point
- When Can an Appeal Move to a Hearing?
- When Is an Inquiry More Appropriate?
- Organise the Appeal Around the Refusal Reasons
- Check the Appeal Deadline Before Doing Anything Else
- Interested People Have Different Opportunities Under Different Procedures
- Keep Planning Permission Separate From Other Requirements
- Conclusion
The procedure matters because it affects how the case will be examined and what opportunities the parties have to present their arguments. Written representations, hearings and inquiries are not simply three formats that an appellant can choose freely. The Planning Inspectorate decides which procedure is appropriate. Anyone considering a planning refusal appeal solicitor or another planning-law professional should begin with the reasons for refusal, the evidence already before the council and the applicable deadline. Aldwych Legal supports clients across England with planning disputes, appeals and strategic case preparation.
Start With the Reasons for Refusal
The decision notice should explain why the local planning authority refused the application. Those reasons provide the starting point for an appeal.
A refusal may concern design, highway safety, heritage, landscape impact, flood risk, residential amenity or conflict with development-plan policy. The applicant should read the decision notice alongside the planning officer’s report, consultation responses, committee material where relevant and the documents submitted with the application.
The aim is to identify whether the existing case can answer the refusal reasons convincingly. If significant new design work or technical evidence is needed, a revised planning application may sometimes be more suitable than an appeal.
The Application Date Now Affects the Procedure
The Planning Inspectorate introduced a new procedural framework for appeals relating to applications submitted on or after 1 April 2026. Most section 78 appeals from those applications initially follow the Part 1 written-representations procedure.
This includes appeals against refusals of planning permission and permissions granted subject to conditions the applicant objects to. The Inspectorate can transfer an appeal to Part 2 written representations, a hearing or an inquiry where another procedure is more appropriate.
Applications submitted on or before 31 March 2026 remain subject to the earlier procedural guide, so the original application date should be checked before the appeal is prepared.
Written Representations: The Usual Starting Point
Written representations are the simplest and most commonly used procedure. The Inspector decides the appeal from written material and will usually visit the appeal site.
For most relevant applications submitted on or after 1 April 2026, Part 1 is streamlined. The Inspector generally considers the application and supporting evidence that were before the local planning authority, the decision notice, the authority’s questionnaire and application-stage representations.
The appellant is generally unable to introduce evidence at appeal that was not previously considered by the council. There is also no statement of case from either the appellant or the authority under Part 1.
This makes the quality of the original application record particularly important. Aldwych Legal can support evidence-led appeal preparation where the refusal reasons need to be tested against the documents already before the authority.
When Can an Appeal Move to a Hearing?
A hearing is more interactive than written representations but less formal than an inquiry. It takes the form of a structured discussion led by the Inspector, who identifies the issues that need examination. The Planning Inspectorate decides whether a hearing is appropriate. An appeal that initially starts under Part 1 may be transferred to a hearing if further discussion is needed. When that happens, the parties receive an updated timetable and the appellant will usually be given an opportunity to provide further information, such as a statement of case.
A hearing may suit a dispute where discussion would assist but formal cross-examination is unnecessary. Applicants considering planning hearing legal representation should therefore be prepared for a procedural change after the appeal is lodged.
When Is an Inquiry More Appropriate?
An inquiry is the most formal appeal procedure. It is open to the public and allows evidence to be formally tested, usually through questioning and cross-examination of expert or other witnesses. Advocates may represent parties. An inquiry may be appropriate where substantial technical evidence or complex disputed issues require formal testing.
An appellant who wants the inquiry procedure must tell the Planning Inspectorate and the local planning authority at least two weeks before submitting the appeal. That request does not determine the procedure: the Inspectorate makes the final decision.
Where an inquiry is realistic, planning inquiry legal support may be useful because expert evidence, statements of common ground and procedural documents need to be coordinated carefully.
Organise the Appeal Around the Refusal Reasons
Whatever procedure applies, the appeal should answer the council’s reasons for refusal directly. A useful appeal file may contain:
- the decision notice;
- the original application and submitted plans;
- the planning officer’s report;
- relevant development plan and national policy;
- consultation responses;
- committee records where applicable; and
- photographs and technical reports already forming part of the application.
For Part 1 cases, the restriction on new evidence makes this review especially important. A refusal appeal is not an opportunity to rebuild a weak application from the beginning.
Where the planning history and procedure need to be considered together, planning permission appeal support can help applicants understand how the evidence and appeal route fit the dispute. Aldwych Legal also supports strategic case preparation where several refusal reasons or technical issues are involved.
Check the Appeal Deadline Before Doing Anything Else
Planning appeals do not all have the same deadline. Under the current post-1 April 2026 guidance, an appeal against refusal of a householder application or minor commercial application must generally be received within 12 weeks from the date of the decision notice. Most other section 78 refusal appeals generally have six months.
Different deadlines apply to some other appeal categories, and a related enforcement notice can shorten the period in specified circumstances. The precise deadline should therefore be checked against current Planning Inspectorate guidance.
Interested People Have Different Opportunities Under Different Procedures
Under Part 1 written representations, interested people generally cannot submit fresh comments at appeal; their application-stage representations are forwarded to the Inspector. Under Part 2, hearings and inquiries, interested people can normally make representations during the appeal process.
Keep Planning Permission Separate From Other Requirements
A successful appeal grants planning permission within the planning system. It does not automatically satisfy Building Regulations, licensing requirements, restrictive covenants, title restrictions or other property-law obligations.
The appeal strategy should therefore remain focused on the planning reasons for refusal while separate legal or regulatory issues are dealt with through their own procedures.
Conclusion
Written representations, hearings and inquiries provide different ways of examining a planning refusal appeal. For most section 78 appeals relating to applications submitted on or after 1 April 2026, Part 1 written representations are now the starting point, but the Planning Inspectorate can transfer a case where another procedure is more appropriate.
The strongest appeal begins with the refusal reasons, the existing evidence and the correct deadline. Written representations suit most cases, hearings allow structured discussion, and inquiries provide the most formal testing of disputed evidence.
Aldwych Legal supports clients across England with planning appeal preparation and strategic case management. Choosing the right appeal strategy means understanding not only why permission was refused, but also how the current procedural rules affect the evidence and arguments the Inspector will be able to consider.
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