Evidence, evidently
After 1 April 2026, you can no longer 'top up' evidence at appeal. If it wasn't in the original application, the Inspector must disregard it.
David Robinson
Founder, Planning Appeals
"I'll submit the noise survey at the appeal stage if I have to." After 1 April 2026, this sentence becomes a recipe for failure. While clients may want to resist paying for specialist assessments or in-depth policy commentary until there is an indication of refusal, strict timing and new procedure may impact many planning approaches.
What is changing?
Paragraph 7.3.1 of the new guidance is explicit: Inspectors will only consider the evidence submitted to the LPA within the original planning application. New technical reports (heritage, highways, biodiversity) will only be accepted in "exceptional circumstances," such as a material change in national policy. Additional comments on planning policy or further justification will not be permitted after the refusal.
Why this matters
If an LPA refuses an application due to a "lack of information," you can no longer simply top up the evidence during the appeal. The Inspector is now directed to disregard late evidence that could have been provided earlier. For clients this means either appealing with the existing planning pack, or submitting a new planning application. Getting in-depth research and evidence in place from the outset has never been more important.
New timescales for appealing an application will include:
Householder and Minor Commercial appeals: 12 weeks from the date of the decision notice. If the appeal is against the LPA's failure to decide, 6 months from the expiry of the determination period.
Other planning appeals: 6 months from the date of the decision notice. If the appeal is against the LPA's failure to decide, 6 months from the expiry of the determination period.
Advertisement consent: 8 weeks from the decision notice. If the appeal is against the LPA's failure to decide, 8 weeks from the expiry of the determination period.
Crucially, the expedited nature of Part 1 appeals means the PINS questionnaire and documentation must be exchanged within 1 week of the start date.
How to adapt
- Front-load everything: Use our "Full Chain" feature to see the original applications of successful appeals. What level of detail did they provide? What were the reasons the Local Authority refused them? Verify all information yourself at source.
- Check the updates: With 1,765 daily updates to our database, you can see if an Inspector in your region has recently raised the bar for specific technical evidence.
Source check: Review Section 7.3.6 regarding the disregard of new evidence, and Section 4.1 for the new PINS procedural guidance on time limits, for applications dated on or after 1 April 2026: https://www.gov.uk/guidance/planning-appeals-procedural-guide-for-appeals-relating-to-applications-dated-on-or-after-1-april-2026#introduction
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