We've updated our procedural guidance after hearing that some of our wording caused confusion. Here's what changed and what our position is.
In April 2026, MHCLG brought in a regulation change which allows more appeals to follow the Part 1 route. This means that any appeal should be considered using the same evidence that the local planning authority (LPA) saw at application stage. A quicker decision is a welcome outcome, but the wider aim is to keep decision-making with the LPA wherever possible and avoid new material being introduced for the first time at appeal.
To make this a reality, and create the conditions for local, quicker decisions, behaviour change is required across the whole system.
Where there is proactive engagement between applicants and LPAs on planning obligations this may mean that fewer issues need to come to appeal, and at appeal there are fewer delays. That is why we keep looking at our procedures, and why we will continue to challenge ourselves and others to work towards agreed principles. We won’t always get it right first time, and we’re grateful to those who reach out in the appropriate way to tell us when we need to adapt.
Why we've updated the guidance
The Part 1 procedures for written representations appeals came into force on 1 April 2026. As they bedded in, we made some changes to our procedural guidance on planning obligations and on what an inspector takes into account.
These were intended as a minor clarification. Some of the wording went further than we meant, and people in the planning community told us it was being read as a change of approach. Thank you to those who raised it, including by commenting on our social media posts and meeting with us to talk it through.
What our position is
This is not a change to national planning policy. Procedural guidance explains how we run appeals.
It is good practice for a planning obligation to be submitted as part of the application when it is lodged with the local planning authority (LPA). For example, we see a number of appeals where a reason for refusal relates to a lack of obligation to secure necessary infrastructure. Having those discussions with the LPA as part of the application process could avoid that.
We appreciate that this may have resourcing implications. The government's wider work on national model obligations, referenced in the National Planning Policy Framework, could help with this in the future.
For written representations appeals, the expectation has always been that an executed and certified copy of any obligation is submitted when the appeal is made. Hearings and inquiries follow different deadlines.
What we've changed
Planning obligations
- We've removed text that was open to wider interpretation than we intended.
- We now refer readers to the Planning Practice Guidance (PPG) for general guidance on planning obligations, including when discussions should take place. The PPG sets out detailed best practice, which our appeals procedures align with.
- For written representation appeals, if a planning obligation is completed after the LPA's decision, we must receive a copy within the stated deadlines, with an explanation of why it is being submitted at appeal stage. The inspector will consider whether to accept this or not.
- For hearings and inquiries, the final draft, agreed by all parties, should reach us no later than 10 working days before the event opens. The executed obligation should normally be completed before the event closes.
What the Inspector takes into account
We've restructured this section to make clear when we may consider new evidence after the LPA's decision. It applies where there has been a material change in circumstances, such as a change in policy, a relevant court judgement or a requirement for an Environmental Statement. It also covers cases where an executed planning obligation is needed and either:
- the need for one wasn't identified at application stage
- heads of terms were discussed with the LPA
- an unsigned version was before the LPA
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Tell us what you think
If anything is still unclear, please speak to your case officer.
The guidance for appeals relating to applications dated on or before 31 March 2026 remains available on GOV.UK.
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