Appeals & Enforcement

Appeal Preparation

In Northern Ireland on average one in every seven planning applications submitted are refused. However in all cases planning refusal can be appealed to the Planning Appeals Commission. The NI Planning Approval team have a great deal of experience in assessing and advising clients on their likelihood of securing planning permission at appeal, and of maximising their chances of success.

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Whatever the reasons for refusal, our specialists can breakdown the refusal notice into its constituent elements, develop a robust case and then collate, submit and manage the appeal on your behalf.

A Strategic Approach

Every planning refusal requires a unique appeal strategy, which addresses the circumstances of the refusal and the complexity of the development. Although the Planning Appeals Commission has responsibility to determine the outcome of appeals, NI Planning Approval can guide you through the appeals procedure and ensure that your appeal is communicated in the most effective manner to enable the issues at stake to be fully and properly aired, maximising your chances of success.

There are three forms of appeal:

Written Representation

Written Representation appeals are the most common appeal format. The process is timely and cost-effective and is ideal in cases where the grounds of appeal and issues raised can be clearly understood from the appeal documents followed by a site inspection. Your case must be robustly and effectively set out in an Appeal Statement, rebutting every reason for refusal and clearly setting out why the appeal should be allowed.

Informal Hearing Appeals

Informal Hearing Appeals are well suited to cases where the issues need to be debated on the site itself or where the commissioner will need to test the evidence by questioning the parties but where matters of policy are not in dispute. Generally this route means that the decision will take a little longer to be determined and will be correspondingly a little more expensive.

Public Inquiry Appeals

Public Inquiry Appeals are reserved for those cases where the issues are complex, involving the application and interpretation of policy and it is necessary for evidence to be given by expert witnesses and cross examined.

Overseeing the Process

Whichever appeal route is followed, NI Planning Approval can manage and direct the entire appeal procedure on your behalf:

  • Drafting he grounds of appeal
  • Submitting he appeal forms
  • Compiling a robust appeal statement
  • Commissioning statements from leading specialists where required
  • Assessing and rebutting the Councils Appeal Statement
  • Appearing at a Hearing or Public Inquiry
  • Analysing the Commissioners decision when issued

Defending your Development again Council Planning Enforcement

When the Local Authority Planning Department suspects that there has been a breach of planning control, a call from an Enforcement Officer may follow. In such circumstances NI Planning Approval can provide independent, expert planning support.

Planning Departments prefer to resolve disputes via negotiation, with formal action to be used a last resort. Our consultants, many of whom have a background in planning enforcement can act on your behalf or advise you in your dealings with the Department. Let us protect your development in a quick and cost effective manner as time and effectiveness are critical in all enforcement cases.