[F1171FTemporary stop notice: restrictionsE+W
(1)A temporary stop notice does not prohibit—
(a)the use of a building as a dwelling house;
(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 or not continuously) for a period of four years ending with the day on which the copy of the notice is first displayed as mentioned in section 171E(6).
(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 must be ignored.
(5)A second or subsequent temporary stop notice must not be issued in respect of the same activity unless the local planning authority 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 187B.]
Textual Amendments
F1Ss. 171E-171H and cross-heading inserted (6.8.2004 for specified purposes, 7.3.2005 for E. so far as not already in force, 22.6.2015 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 52, s. 121(1)-(3) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2005/204, art. 2; S.I. 2015/340, art. 2(c)