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 .

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

”.