Planning Act (Northern Ireland) 2011

Temporary stop notice: restrictions

136.—(1) A temporary stop notice does not prohibit—

(a) any person from continuing to use any building, caravan or other structure situated on land to which the temporary stop notice relates as that person’s permanent residence whether as owner, occupier, tenant, patient, guest or otherwise;

(b) the carrying out of an activity of such description or in such circumstances as is prescribed.

(2) A temporary stop notice does not prohibit the carrying out of any activity which has been carried out (whether continuously or not) for a period of 5 years ending with the day on which the copy of the notice is first displayed as mentioned in section 135(5).

(3) Subsection (2) does not prevent a temporary stop notice prohibiting—

(a) activity consisting of or incidental to building, engineering, mining or other operations; or

(b) the deposit of refuse or waste materials.

(4) For the purposes of subsection (2) any period during which the activity is authorised by planning permission shall be ignored.

(5) A second or subsequent temporary stop notice must not be issued in respect of the same activity unless the council has first taken some other enforcement action in relation to the breach of planning control which is constituted by the activity.

(6) In subsection (5) enforcement action includes obtaining the grant of an injunction under section 156.