Town and Country Planning (Scotland) Act 1997

[F1 144A Temporary stop notices S

(1) If a planning authority consider that—

(a) there has been a breach of planning control in relation to any land,

(b) the breach consists in engagement in an activity, and

(c) it is expedient that the activity (or any part of the activity) is stopped immediately,

they may issue a temporary stop notice.

(2) The notice must be in writing and must—

(a) specify the activity in question,

(b) prohibit engagement in the activity (or in so much of the activity as is specified in the notice), and

(c) set out the authority's reasons for issuing the notice.

(3) A temporary stop notice may be served on any of the following—

(a) a person who appears to the authority to be engaged in the activity,

(b) a person who appears to the authority to have an interest in the land (whether as owner or occupier or otherwise).

(4) The authority must display on the land—

(a) a copy of the notice, and

(b) a statement as to the effect of section 144C.

(5) A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (4).

(6) A temporary stop notice ceases to have effect at the end of the period of 28 days starting on the day the copy notice is so displayed.

(7) Except that if a shorter period starting on that day is specified in the notice, the notice instead ceases to have effect at the end of that shorter period.

(8) And if the notice is withdrawn by the authority before that period of 28 days, or as the case may be that shorter period, expires the notice ceases to have effect on being so withdrawn.]

Textual Amendments

F1 Ss. 144A-144D and cross-heading inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 26(1), 59(2); S.S.I. 2008/411, art. 2(2)(3)(b); S.S.I. 2009/219, art. 2, sch.