Part 5Enforcement

Temporary stop notices

135Temporary stop notice

(1)

This section applies if a council thinks—

(a)

that there has been a breach of planning control in relation to any land in its district; and

(b)

that it is expedient that the activity (or any part of the activity) which amounts to the breach is stopped immediately.

(2)

The council may issue a temporary stop notice.

(3)

The notice must be in writing and must—

(a)

specify the activity which the council thinks amounts to the breach;

(b)

prohibit the carrying on of the activity (or of so much of the activity as is specified in the notice);

(c)

set out the council's reasons for issuing the notice.

(4)

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

(a)

a person who the council thinks is carrying on the activity;

(b)

a person who the council thinks is an occupier of the land;

(c)

a person who the council thinks has an estate in the land.

(5)

The council must display on the land—

(a)

a copy of the notice;

(b)

a statement of the effect of the notice and of section 137.

(6)

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

(7)

A temporary stop notice ceases to have effect—

(a)

at the end of the period of 28 days starting on the day the copy notice is so displayed;

(b)

at the end of such shorter period starting on that day as is specified in the notice; or

(c)

if it is withdrawn by the council.