The Town and Country Planning (Appeals) (Written Representations Procedure) (England) (Amendment and Saving Provision) Regulations 2026

Statutory Instruments

2026 No. 122

TOWN AND COUNTRY PLANNING, ENGLAND

The Town and Country Planning (Appeals) (Written Representations Procedure) (England) (Amendment and Saving Provision) Regulations 2026

Made

10th February 2026

Laid before Parliament

12th February 2026

Coming into force

1st April 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 65(1), 78(3) and (4A), 323(1A) and (3), 333(2A) and (2B) of, and paragraph 16 of Schedule 7A to, the Town and Country Planning Act 1990(1).

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Town and Country Planning (Appeals) (Written Representations Procedure) (England) (Amendment and Saving Provision) Regulations 2026.

(2) These Regulations come into force on 1st April 2026.

(3) These Regulations extend to England and Wales.

(4) These Regulations apply to appeals against planning decisions in England.

Amendments to the Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009

2.—(1) The Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009(2) are amended in accordance with this regulation.

(2) In regulation 3 (application)—

(a) for paragraph (2)(3) substitute—

“(2) Part 1 of these Regulations applies where—

(a) a householder appeal is made in relation to an application which was made on or after 6th April 2009 and before 1st April 2026;

(b) an advertisement consent appeal or minor commercial appeal is made in relation to an application which was made on or after 1st October 2013 and before 1st April 2026;

(c) an appeal is made under section 78(1) of the Act in relation to an application which was made on or after 1st April 2026; or

(d) an appeal is made under section 78(1) of the Act, as applied by regulations made under section 220 of the Act, in relation to an application determined on or after 1st April 2026;

and the Secretary of State has determined under section 319A (determination of procedure of certain proceedings) of the Act that it is a matter which is to be determined on the basis of representations in writing.”;

(b) for paragraph (3)(4) substitute—

“(3) Part 2 of these Regulations applies where—

(a) an appeal which is not a householder appeal, advertisement consent appeal or minor commercial appeal is made under section 78 of the Act—

(i) in relation to an application which was made on or after 6th April 2009 and before 1st April 2026; or

(ii) as applied by regulations made under section 220 of the Act, in relation to an application determined, or a discontinuance notice served, on or after 1st October 2013 and before 1st April 2026;

(b) an appeal is made under section 78(1) of the Act, as applied by regulations made under section 220 of the Act, in relation to a discontinuance notice which was served on or after 1st April 2026;

(c) an appeal is made under section 78(2) of the Act in relation to an application which was made on or after 1st April 2026; or

(d) an appeal is made under section 78(2) of the Act, as applied by regulations made under section 220 of the Act, in relation to an application determined on or after 1st April 2026;

and the Secretary of State has determined under section 319A of the Act that it is a matter which is to be determined on the basis of representations in writing.”;

(c) after paragraph (3A), insert—

“(3B) Where the Secretary of State has determined under regulation 9 that the procedures set out under Part 1 of these Regulations are no longer suitable for an appeal, the procedures under Part 2 apply.”.

(3) In the heading of Part 1, for “Householder, Advertisement Consent and Minor Commercial”(5) substitute “Expedited Written Representations”.

(4) In the heading of regulation 10(6), omit the words “householder, advertisement consent and minor commercial”.

Amendments to the Town and Country Planning (Development Management Procedure) (England) Order 2015

3.—(1) The Town and Country Planning (Development Management Procedure) (England) Order 2015(7) is amended in accordance with this regulation.

(2) In article 15(7)(f)—

(a) omit “in the case of a householder or minor commercial application,”;

(b) after “in the event of an appeal” insert “made under section 78(1) of the 1990 Act”.

(3) In article 37—

(a) in paragraph (1)(b), for “paragraph (3)(a)(ii) or paragraph (3)(b)(v), as the case may be” substitute “paragraph (3)(b)(v)”;

(b) in paragraph (3)(a)—

(i) for “a householder or minor commercial appeal” substitute “an appeal made under section 78(1) of the 1990 Act”;

(ii) at the end of paragraph (i), insert “and”;

(iii) omit paragraph (ii).

(4) For Schedule 2, substitute the Schedule to these Regulations.

Saving provision

4.—(1) Where a householder appeal or minor commercial appeal is made in relation to an application which was made before the coming into force of these Regulations, the Town and Country Planning (Development Management Procedure) (England) Order 2015 applies to that appeal as though regulation 3(3) was not in force.

(2) For the purposes of this regulation, “householder appeal” and “minor commercial appeal” have the meanings given in article 37(8) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

Signed by the authority of the Secretary of State for Housing, Communities and Local Government

Matthew Pennycook

Minister of State

Ministry of Housing, Communities and Local Government

10th February 2026

Regulation 3(4)

Schedule Schedule to be substituted for Schedule 2 to the Town and Country Planning (Development Management Procedure) (England) Order 2015

Articles 13 and 36

“Schedule 2 Notices under articles 13 and 36

”.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009 (“the 2009 Regulations”) and the Town and Country Planning (Development Management Procedure) (England) Order 2015 (“the 2015 Order”).

The amendments expand the scope of the expedited written representations appeals procedure in Part 1 of the 2009 Regulations. This procedure will now be used to determine the majority of appeals made under section 78(1) of the Town and Country Planning Act 1990 (“the 1990 Act”). The Secretary of State may, where appropriate, transfer an appeal from the Part 1 procedure and deal with it under the procedure set out in Part 2 of the 2009 Regulations. Amendments to the 2015 Order are required for the expansion of the expedited written representations appeals procedure. They update the list of documents required to be lodged with planning appeals made under section 78(1) of the 1990 Act.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available at www.legislation.gov.uk, or copies may be requested from the Planning Directorate, the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London SW1P 4DF.

(1)

1990 c. 8; section 65(1) was substituted by section 16(1) of the Planning and Compensation Act 1991 (c. 34) and was amended by paragraph 9 of Schedule 12 to the Housing and Planning Act 2016 (c. 22). Section 78(3) was amended by regulation 8(b) of S.I. 2024/49 and (4A) was inserted by paragraph 2 of Schedule 11 to the Planning Act 2008 (c. 29). Section 323(1A) was inserted by paragraph 12(2) of Schedule 10 to the Planning Act 2008 (c. 29) and (3) was amended by paragraph 12(3) of Schedule 10 to the Planning Act 2008 (c. 29). Section 333(1) was amended by paragraph 32(12) of Schedule 10 to the Environment Act 1995 (c. 25), (2A) was inserted by paragraph 14(2) of Schedule 6 to the Planning and Compulsory Purchase Act 2004 (c. 5) and (2B) was inserted by section 130(1)(a) of the Levelling-up and Regeneration Act 2023 (c. 55). Schedule 7A was inserted by paragraph 2 of Schedule 14 to the Environment Act 2021 (c. 30).

(2)

S.I. 2009/452, amended by S.I. 2013/2114; there are other amending instruments but none is relevant.

(3)

Paragraph (2)(a) was inserted by regulation 2(3)(a) of S.I. 2013/2114.

(4)

Paragraph (3) was inserted by regulation 2(3)(b) of S.I. 2013/2114.

(5)

The heading of Part 1 was amended by regulation 2(4) of S.I. 2013/2114.

(6)

The heading of regulation 10 was amended by regulation 2(5) of S.I. 2013/2114.

(7)

S.I. 2015/595, to which there are amendments not relevant to these Regulations.