Information Leaflet #10:
A Guide to Planning Enforcement in Northern Ireland

Appeals

Any person who owns, occupies or controls land which is the subject of an Enforcement Notice, may appeal to the Planning Appeals Commission , before the date the notice becomes effective. When an appeal has been made, the requirements of the notice are suspended until the appeal has been either determined or withdrawn.

An appeal may also be made against a submission notice, listed building enforcement notice or hazardous substances contravention notice.

There is no right of appeal against a breach of condition notice. However, the validity of the notice or the validity of the decision to serve the notice may be challenged by application to the High Court for Judicial Review.

There is no right of appeal against as stop notice. However, the validity of the stop notice can be challenged either by way of an application to the High Court for Judicial Review, or it can be raised as a defence in the event of any prosecution by the Department for contravention of the notice.