The Planning Service strongly recommends that you should obtain planning permission, where necessary, before commencing development. While it is not a criminal offence to carry out development without first getting the necessary permission, if you carry out unacceptable development it is likely you will have to take remedial action. This could include demolition of a building.

The Planning Service endeavours to ensure that planning regulations are followed, for example, that planning permission has been given for the development and that the development is being carried out in accordance with the terms of the permission. If you think someone has not complied with the regulations, contact the Divisional Planning Office (DPO) for your area.

The Planning Service will decide the appropriate action it should take if planning regulations are not complied with. Normally, the Planning Service will attempt to resolve the issue by discussion rather than initiate enforcement action. The Planning Service may, for example, suggest that an application for "retrospective" planning permission be submitted so that development can be authorised, if it is acceptable. Alternatively formal enforcement action may be initiated. It is important to remember that a failure to obtain planning permission could affect the value of your property.

Enforcement action

This usually involves issuing an enforcement notice setting out the measures needed to remedy the breach, and the date by which these must be implemented. You may be required to cease your activities, or demolish all or part of a building. If you have not complied with a condition imposed on the grant of planning permission, Planning Service may require you to carry out work to observe the terms of the condition.

There is a right of appeal to the Planning Appeals Commission against an enforcement notice. If an appeal is dismissed or no appeal is made and the notice becomes effective, it is an offence not to comply with it, and Planning Service may decide to prosecute. As enforcement proceedings are likely to be expensive, time-consuming and disruptive, it is advisable to consult Planning Service before going ahead with any proposed development.