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Planning Act (Northern Ireland) 2011

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Planning Act (Northern Ireland) 2011, Section 136 is up to date with all changes known to be in force on or before 25 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • specified provision(s) amendment to earlier commencing SR 2015/49, Sch. 2 by S.R. 2016/159 art. 2

Temporary stop notice: restrictionsN.I.

This section has no associated Explanatory Notes

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.

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Modifications etc. (not altering text)

C2Pt. 5 (except ss. 157-163) applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)

Commencement Information

I1S. 136 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1

I2S. 136 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

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