From 1 April 2026, a fundamental change to the planning appeals process has reshaped how development risk should be managed.
This is not a minor procedural update. It represents a structural shift that places far greater weight on the quality of the planning application itself. For developers, the implications are immediate and material.
The appeal is no longer a second chance.
The Planning Inspectorate has introduced a new default route for many Section 78 appeals through an expedited written representations process. At its core, this change means that appeals are now determined primarily on the material submitted at application stage.
In practical terms, there is little or no scope to introduce new evidence, and there is limited opportunity to expand or refine arguments. The inspector will rely heavily on the original application documents and decision making material. The appeal is therefore no longer a platform to improve your position, but a test of whether the original submission was strong enough.
This creates a more demanding environment for developers.
The planning application has become the decisive stage in the process. To succeed, it must be fully evidenced, strategically structured, aligned with policy and technical requirements, and prepared with potential refusal points in mind. An underdeveloped application now carries a far greater risk of failure, with limited opportunity to recover that position later.
While appeals may now progress more quickly, they do so within a more confined framework. There is less flexibility to adapt, less opportunity to respond to objections, and less scope to influence the outcome after refusal. The system has become more efficient, but also less forgiving.
The most significant shift is where risk now sits. Risk is no longer concentrated at appeal stage, but instead sits firmly at the point of submission. This brings greater exposure to refusal, increased cost risk where appeals fail, potential delays to programme and delivery, and higher expectations from stakeholders and funders.
Tree related issues are frequently one of the most underestimated risks within the planning process. They are technically complex, often contentious, and capable of determining the outcome of an application. Under the new regime, these issues must be addressed early, clearly and strategically.
Tree Law works with developers to ensure that applications are robust, defensible and positioned for success from the outset. Our approach focuses on early identification of tree related risk, integration of legal, arboricultural and engineering evidence, strategic framing of applications to withstand scrutiny, anticipation of likely refusal reasons, and the development of clear and persuasive evidential narratives. This approach is not about reacting to problems, but about preventing them.
The most successful developers will recognise that the planning application is no longer just one stage in the process. It is the stage that determines the outcome. A disciplined, front loaded approach ensures that risk is controlled, opportunities are maximised, and projects progress with confidence.
At Tree Law, we deliver expertise and fresh thinking where trees, people and property meet. We understand how tree related constraints interact with development strategy, planning policy and legal risk. More importantly, we know how to manage those issues in a way that supports delivery rather than delays it.
The planning system has evolved. Developers who adapt early will gain a clear advantage, while those who rely on appeal as a fallback will find that option increasingly limited. Success now depends on getting it right first time.
