If you have been served with an Enforcement Notice (EN) by your local Area Planning Office you will have the option to appeal against it. You will need however, to carefully consider if you have sufficient grounds for appeal and what the most appropriate course of action should be. C. McILvar ltd is able to provide professional advice to help you decide on the most appropriate course of action to achieve the best outcome possible.
Reasons for serving an Enforcement Notice
Typically, The Department will serve EN’s if you have gone ahead without securing planning permission and they consider that the development involves a breach of planning control. This will depend on the scale, design and location of the development and its impact on neighbours and the character of the area.
In this instance, The Department will often request that you apply for retrospective planning permission to make the proposal lawful in planning terms.
Should you appeal?
We would advise that you speak to us before deciding how to proceed. We can offer you a free initial consultation and the benefit of qualified professional planning advice. In most cases, we would always try and negotiate with The Department to achieve an acceptable solution for both parties. If this is not possible and we feel that you have sufficient grounds against which to appeal, we are able to prepare and submit a planning enforcement appeal to the Planning Appeals Commission on your behalf.
All Enforcement Appeals must be submitted to the Planning Appeals Commission before the date the enforcement notice takes effect. This date will be stated on the Enforcement Notice.