Where the local planning authority consider it expedient that any relevant activity should cease before the expiry of the period for compliance with an enforcement notice, they may, when they serve the copy of the enforcement notice or afterwards, serve a notice (in this Act referred to as a “stop notice”) prohibiting the carrying out of that activity on the land to which the enforcement notice relates, or any part of that land specified in the stop notice.

In this section and sections 184 and 186 “relevant activity” means any activity specified in the enforcement notice as an activity which the local planning authority require to cease and any activity carried out as part of that activity or associated with that activity.

A stop notice may not be served where the enforcement notice has taken effect.

A stop notice shall not prohibit the use of any building as a dwellinghouse.

A stop notice shall not prohibit the carrying out of any activity if the activity has been carried out (whether continuously or not) for a period of more than four years ending with the service of the notice; and for the purposes of this subsection no account is to be taken of any period during which the activity was authorised by planning permission.

Subsection (5) does not prevent a stop notice prohibiting any activity consisting of, or incidental to, building, engineering, mining or other operations or the deposit of refuse or waste materials.

A stop notice may be served by the local planning authority on any person who appears to them to have an interest in the land or to be engaged in any activity prohibited by the notice.

The local planning authority may at any time withdraw a stop notice (without prejudice to their power to serve another) by serving notice to that effect on persons served with the stop notice.

A stop notice must refer to the enforcement notice to which it relates and have a copy of that notice annexed to it.

A stop notice must specify the date on which it will take effect (and it cannot be contravened until that date).

A stop notice shall also cease to have effect if or to the extent that the activities prohibited by it cease, on a variation of the enforcement notice, to be F4relevant activities.

If under section 183(7) the local planning authority withdraw a stop notice in respect of which a site notice was displayed, they must display a notice of the withdrawal in place of the site notice.

A stop notice shall not be invalid by reason that a copy of the enforcement notice to which it relates was not served as required by section F5172if it is shown that the local planning authority took all such steps as were reasonably practicable to effect proper service.

If it appears to the Secretary of State to be expedient that a stop notice should be served in respect of any land, he may himself serve such a notice.

A notice served by the Secretary of State under subsection (1) shall have the same effect as if it had been served by the local planning authority.

The Secretary of State shall not serve such a notice without consulting the local planning authority.

A person who, when the stop notice is first served, has an interest in or occupies the land to which the notice relates shall be entitled to be compensated by the local planning authority in respect of any loss or damage directly attributable to the prohibition contained in the notice or, in a case within subsection (1)(b), F8the prohibition of such of the activities prohibited by the stop notice as cease to be relevant activities.

A claim for compensation under this section shall be made to the local planning authority within the prescribed time and in the prescribed manner.

The loss or damage in respect of which compensation is payable under this section in respect of a prohibition shall include any sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition.

Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under this Part shall be referred to and determined by the Lands Tribunal.

In relation to the determination of any such question, the provisions of sections 2 and 4 of the M2Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.

If any person contravenes a stop notice after a site notice has been displayed or the stop notice has been served on him he shall be guilty of an offence.

An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.

References in this section to contravening a stop notice include causing or permitting its contravention.

In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.