Enforcement appeals

If you have been served with an enforcement notice, you have a statutory right of appeal.

Enforcement notices

If you have gone ahead without the required permission Planning may simply ask you to apply retrospectively, but much depends on the nature of the development and its effect on neighbours.

If Planning considers that the development involves an unacceptable breach of planning control it may issue an enforcement notice.

Before you appeal

You should only consider submitting an appeal as a last resort. Always try to negotiate with Planning to achieve a satisfactory conclusion before submitting an appeal.

All appeals in Northern Ireland are handled by the Planning Appeals Commission (PAC) – a statutory tribunal body independent of any government department or agency. The PAC must receive your appeal before the date the enforcement notice takes effect.

If you decide to appeal you should pay careful attention to your grounds of appeal and the facts to support them as these will be the basis of your argument against the enforcement notice. If the Commission considers that your grounds of appeal and the facts to support them are not properly specified you will be asked to do this.

What does it cost?

An enforcement appeal includes a deemed application for planning permission. A fee is normally payable for consideration of this, which is the same as the fee payable for a planning application.

There is also a fee of £126 for the appeal itself.

Making your appeal

You can make an appeal against an enforcement notice online by selecting the appropriate form on the following link:

Planning Appeals Commission’s forms - PAC website

You can send your appeal to the Commission by post, by fax or e-mail, or deliver it by hand to the address below. You should keep the fax transmission report, and recorded delivery numbers, or if you deliver your appeal by hand ask for a dated receipt.

Planning Appeals Commission
87 - 91 Great Victoria Street
Belfast
BT2 7AG

Telephone: 028 9024 4710
Fax: 028 9031 2356
Email: info@pacni.gov.uk

Appeals process

The PAC will ask Planning for background papers and these will be available for you to see. The Commission will also publish details of the appeal in the local press.

There are currently four procedures from which you may choose, these are:

by written representations
by written representations with accompanied site visit
an informal hearing
a formal hearing

The Commission will invite all interested parties to submit a statement of case. If a hearing or accompanied site visit is the chosen procedure, the Commission will let you know when and where it will take place. The PAC will send you and the Planning Service a copy of what each party has submitted and any comments from other interested people.

A Commissioner will consider the evidence, including information that emerged at any hearing or accompanied site visit. The Commission will then issue a decision and copy it to all concerned. You can find out more about the appeals process by going to the attached link:

Planning Appeals Commission website

Withdrawing an appeal

You can withdraw your appeal at any time before it is decided. You may want to do this if, for example, you and Planning reach agreement and can sort out your differences without an appeal.