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Planning Enforcement

A breach of planning control occurs when building works, a material change of use or certain other development activities take place without the necessary planning permission or consent.

This can be:

  • carrying out development without planning permission
  • failing to meet any condition or limitation attached to planning permission.

The Planning Enforcement Team investigates alleged breaches of planning control such as building work taking place without planning permission or properties being used for business or other uses where the necessary planning permission has not been granted. The Team also investigates other offences under planning law such as the unauthorised display of advertisements or unauthorised works to a listed building or protected tree.

In all cases where a breach of planning control is identified we will consider the harm being caused by the breach and how it could best be remedied. Sometimes we are informed of matters that may not be in the public interest to investigate further. 

Please note, planning enforcement matters / breaches should be submitted online through the Planning Portal. To report a planning enforcement matter or to report a breach, please click here.

Planning Enforcement Strategy

Our Planning Enforcement Strategy sets out how we will deal with issues relating to breaches of planning control.

Many enforcement cases are resolved by negotiation and on some occasions retrospective planning permission is sought and obtained. However, if a negotiated resolution cannot be achieved, the Council has a range of statutory powers to enforce planning control, up to and including notices requiring the demolition or removal of unauthorised development or the cessation of an unauthorised use.

There are various criminal offences under planning law, these include:

  • non-compliance with a range of notices;
  • carrying out unauthorised works to a listed building;
  • the unauthorised demolition of a building in a conservation area;
  • the unauthorised display of advertisements; or 
  • causing damage to or felling a protected tree.

Further information on Planning Enforcement is provided on the Department for Infrastructure’s website at www.infrastructure-ni.gov.uk

Can I Report a Possible Breach of Planning Control?

While the Planning Enforcement Team may be aware of breaches of planning control, there is also a role for the public in alerting the Council to unauthorised development. You can use the direct Planning Portal link to report a breach. You can also write, email or telephone us using the contact details provided below. You will need to provide information in relation to:

  • the location of the alleged breach
  • a description of the development, works or other activities that constitute the alleged breach
  • the person or business suspected of carrying out the breach (if known)
  • any other information that may help with our investigation.

You do not have to provide your name and contact details, but if you do, the Council will protect your identity in accordance with the Environmental Information Regulations 2004 and the Data Protection Act 2018. We may, however, be asked to disclose your details if the case goes to court, in such cases we will contact you in advance to provide advice in relation to this matter.

The Council may not be able to provide you with updates on an enforcement case that you have reported. This is to ensure that this communication does not prejudice any ongoing investigation.

Contact us

Downpatrick Office
Downshire Civic Centre
Ardglass Road
BT30 6GQ

Newry Office
Monaghan Row
Newry
BT35 8DJ

Council: 0330 137 4036

Email: planning.enforcement@nmandd.org