Planning Act (Northern Ireland) 2011

Temporary stop notice

135.—(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(c) if it is withdrawn by the council.