Temporary stop notices
Section 117 – Power to issue temporary stop notice
312.This section provides the power for a relevant planning authority to issue a temporary stop notice in relation to land in their area where they consider an activity has been, or is being carried out, which constitutes an offence under section 103 or section 104 and the activity ought to be stopped immediately. The power to issue a temporary stop notice does not extend to the Welsh Ministers.
313.This section also prescribes what must be specified in a temporary stop notice, who a temporary stop notice may be given to and how such notices must be displayed.
Section 118 – Restrictions on power to issue temporary stop notice
314.This section provides that a temporary stop may not prohibit the use of a building as a dwelling and any activity or circumstances which may be specified in regulations.
315.Temporary stop notices may also not prohibit any activity which has been carried out, or is being carried out, for at least 4 years before the date on which a temporary stop notice is first displayed, with the exception of an activity consisting of, or incidental to, building, engineering, mining or other operations, or the deposit of waste.
Section 119 – Duration etc. of temporary stop notice
316.This section provides that a temporary stop notice takes effect when a copy of the notice is first displayed and ceases to have effect at the end of a period of 28 days, beginning on the date it is first displayed, unless a shorter period is specified in the notice or the court grants an injunction under section 122.
317.This section also specifies that if the relevant planning authority withdraws the notice before the end of the period for which it would otherwise have effect, the notice ceases to have effect when it is withdrawn.
318.Where a temporary stop notice is issued, this section prevents the relevant planning authority from issuing a second or subsequent notice in respect of the same activity, unless the authority has issued a notice of unauthorised development or issued an injunction.
Section 120 – Offence of breaching temporary stop notice
319.This section provides that an offence is committed where a person carries out an activity prohibited by a temporary stop notice at any time when such a notice has effect.
320.However, it is a defence for a person to prove that a copy of the notice was not served on them and that they did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice.
321.A person may be tried in the magistrates’ court or the Crown Court and where found guilty, will be liable to an unlimited fine. It is also possible under this section for a person to be convicted of more than one offence in relation to the same temporary stop notice by reference to different periods.
Section 121 – Compensation for loss due to notice
322.This section provides that where an activity specified in a temporary stop notice is authorised by an infrastructure consent order granted before the day the notice takes effect, or the relevant planning authority withdraws the notice, any person with an interest in land to which a temporary stop notice relates may make a claim for compensation to the relevant planning authority within 12 months for any loss or damage suffered by the person that is directly attributable to the notice.
323.This section does not apply to any activity specified in the notice which is authorised by an infrastructure consent order granted on or after the day a temporary stop notice takes effect, or if the relevant planning authority withdraws a notice after the grant of a consent. This section also specifies the circumstances in which compensation is not payable.
Section 122 – Injunction to restrain prohibited activity
324.This section provides that a relevant planning authority or the Welsh Ministers may apply to the High Court or county court for an injunction to restrain an actual or expected activity which constitutes an offence under either section 103 or section 104. The relevant planning authority may apply for an injunction in relation to land in its area, and the Welsh Ministers may apply for an injunction in relation to land in Wales.
325.The court may grant an injunction on any terms it considers appropriate for the purpose of restraining such activity. An injunction may not be issued under this section against the Crown.
