Written representations appeals and what the statement covers
Under written representations the statement is the whole case. Here is the structure that works, how to answer each refusal reason and what evidence can be introduced.
The appellant's statement under the written representations procedure is the whole case. There is no cross-examination to repair it, no advocate to reframe it, and in most appeals no hearing at which anything can be added. The inspector reads the statement, the council's statement, the third party representations, the questionnaire and the site, and decides.
Write it as a document that answers the reasons for refusal in the order the council gave them, and resist the urge to restate the planning application.
When written representations applies
The Planning Inspectorate chooses the procedure, taking account of the parties' preferences and published criteria. Written representations handles the large majority of planning appeals, including almost all householder and minor commercial cases, which run on a fast-track version with tighter deadlines and no further statement stage.
A hearing suits cases where the inspector wants to ask questions of both sides, typically where evidence is contested but not complex. An inquiry is for cases needing cross-examination, usually large schemes, legally involved issues or substantial technical disagreement between expert witnesses.
Ask for the procedure you need, with reasons tied to the issues rather than to preference. Asking for an inquiry because the site matters to your client, with no issue requiring cross-examination, invites the procedure you did not want.
The structure of an effective statement
A workable structure runs to seven parts and rarely needs more.
- An introduction identifying the appeal site, the proposal, the decision appealed and the procedure.
- A site and surroundings description, factual, with photographs referenced to a location plan.
- The planning history, including any relevant refusals or approvals on the site and immediately nearby.
- The policy framework, listing the adopted development plan policies engaged and the national policy relied on.
- The case on each reason for refusal, taken in turn.
- A response to third party representations, grouped by issue.
- The planning balance and the conclusion, tied explicitly to section 38(6).
Length should follow the issues. A householder appeal with one reason for refusal needs perhaps eight pages. A minor residential appeal with four reasons might need thirty. Padding is counterproductive, because an inspector reading a long statement on a small case starts to suspect the case is thin.
Put the drawings, photographs and technical appendices in a separate bundle with a contents page, and reference them by number in the text.
Answering each reason for refusal in turn
Use the council's own wording as a sub-heading, verbatim, then answer it. This does two things: it shows the inspector you have engaged with the decision rather than the application, and it makes it obvious if the council's statement later shifts ground.
For each reason, work through four steps. Identify the policy the council relies on and quote the part that matters. Explain what the policy actually requires, because policy interpretation is where most appeals are won. Apply it to the facts of this site with evidence. State the conclusion in the policy's own terms.
Where a reason for refusal is weak or has been overtaken, say so directly and briefly. Where it is strong, address it head on and argue that the harm is outweighed. Inspectors notice which reasons an appellant avoids, and the note on reading reasons for refusal before you decide to appeal is the place to start that triage.
If a reason for refusal can be resolved by condition, propose the condition, drafted, and explain why it meets the six tests. Do not leave the inspector to invent it.
Using the development plan and section 38(6)
Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires the determination to be made in accordance with the development plan unless material considerations indicate otherwise. Every appeal statement should perform that exercise explicitly rather than gesturing at it.
That means three findings, each stated plainly. Whether the proposal accords with the development plan read as a whole, which requires dealing with the policies that count against you as well as those that help. What the material considerations are, including national policy, the emerging plan where relevant, and any appeal decisions. Whether those considerations indicate a decision otherwise than in accordance with the plan.
Where the tilted balance is engaged, set out why, with the housing land supply position evidenced rather than asserted. Where it is not, do not claim it, because an inspector who finds the tilted balance wrongly invoked reads the rest of the statement more sceptically.
Cite the current National Planning Policy Framework edition, published on 17 August 2026, and check the policy code against the published Framework. Paragraph numbers copied from an older statement are one of the most visible signs of a recycled document.
Appeal decisions are useful and are not binding precedent. Describe them as indicative of how inspectors have approached an issue, attach the decision letter, and identify the paragraph you rely on, as set out in the note on using appeal decisions as evidence.
Handling third party representations
Neighbour objections reach the inspector whether or not the council's reasons for refusal reflect them. Ignoring them is a mistake, because an inspector who has read forty letters about parking and finds no mention of parking in your statement will form a view.
Group them by issue rather than answering each letter. Deal with the planning points and say, once and without disdain, that matters such as loss of a private view, property values, boundary disputes and construction inconvenience are not material planning considerations.
Where an objection raises something real that the council did not refuse on, deal with it anyway. An inspector can dismiss an appeal for a reason the council never gave. The mechanics of how those representations enter the process are covered in the note on interested party representations at appeal.
Evidence that can and cannot be introduced
New evidence is allowed, within limits, and it carries risk.
The Inspectorate expects the appeal to be determined on the scheme that was refused. A materially amended scheme is a new application, not an appeal, and inspectors apply the principle that parties should not be prejudiced by changes they have had no chance to consider. Minor amendments that overcome an objection without prejudice are sometimes accepted, and the inspector decides.
New technical evidence, such as a survey the council said was missing, is usually admissible and often decisive. Submit it with the statement rather than later, and expect the council to be given an opportunity to comment.
What you cannot do is hold material back for the final comments stage. Final comments are for responding to the other party's statement, not for opening a new front, and material introduced there may be disregarded or may prompt an award of costs. The council's statement and the questionnaire tell you what you are answering, and the note on the appeal questionnaire and the council's statement explains what each contains.
The final comments stage
In the standard written representations procedure each party gets an opportunity to comment on the other's statement. In the householder and minor commercial fast track there is usually no such stage at all, which makes the initial statement even more important.
Where final comments are available, keep them short and strictly responsive. Correct factual errors, address any new point the council raised, and stop. A final comments document that repeats the statement wastes the opportunity, and one that introduces new evidence risks being struck out.
Deadlines in appeals are hard. The Inspectorate does not generally accept late material, and an appeal can proceed without your statement if it arrives after the date given in the start letter. Diarise from the start letter rather than from the date you lodged.
Much of the underlying policy analysis is the same work as the Planning Statement that should have accompanied the application, which is why a properly written application statement makes the appeal statement faster to produce.
Enter your postcode on PlanScope to see which supporting documents a resubmission or appeal is likely to need.
This is general guidance, not legal advice. Check the Planning Inspectorate's current procedural guidance and take advice from a qualified professional before relying on it. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
Who chooses whether an appeal is by written representations?
The Planning Inspectorate decides the procedure, taking the parties' preferences and published criteria into account. Written representations handles most appeals, including almost all householder and minor commercial cases on a fast track. Ask for a hearing or inquiry only where an issue needs questioning or cross-examination, and give reasons tied to the issues.
How long should an appeal statement be?
As long as the issues require. A householder appeal with one reason for refusal may need eight pages; a minor residential appeal with four reasons might need thirty. Padding works against you, because an inspector reading a long statement on a small case starts to suspect the argument is weak. Put appendices in a separate indexed bundle.
Can I submit new evidence with an appeal?
Usually yes for technical evidence such as a survey the council said was missing, and it is often decisive. Submit it with the statement so the council can comment. A materially amended scheme is different: the appeal is determined on what was refused, and significant changes belong in a new application rather than an appeal.
Should I respond to neighbour objections in the statement?
Yes, grouped by issue rather than letter by letter. An inspector who has read forty objections about parking and finds no mention of it in your statement will draw conclusions. Address the planning points, and note once that loss of a view, property values and boundary disputes are not material planning considerations.
What are final comments for in a written representations appeal?
Responding to the other party's statement, correcting factual errors and addressing new points. They are not an opportunity to open a new argument, and material introduced there may be disregarded or attract a costs application. The householder and minor commercial fast track usually has no final comments stage at all.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.