PART 7ENFORCEMENT

Temporary stop notices

117Power to issue temporary stop notice

(1)

A relevant planning authority may issue a temporary stop notice if it considers that—

(a)

an activity has been or is being carried out in relation to land in its area that constitutes an offence under section 103 or 104, and

(b)

the activity (or any part of that activity) ought to be stopped immediately.

(2)

A temporary stop notice must—

(a)

specify the activity that the planning authority considers to constitute an offence,

(b)

prohibit the carrying out of the activity (or of so much of the activity as is specified in the notice),

(c)

set out the authority’s reasons for issuing the notice, and

(d)

state the effect of section 120 (offence of breaching temporary stop notice).

(3)

The planning authority must display a copy of the temporary stop notice on the land to which it relates; and the copy must specify the date on which it is first displayed.

(4)

But if it is not reasonably practicable to display a copy of the notice on the land, the planning authority may instead display a copy in a prominent place as near to the land as is reasonably practicable.

(5)

The planning authority may serve a copy of a temporary stop notice on any person the authority considers—

(a)

to be carrying out the activity that the notice prohibits,

(b)

to be an occupier of the land to which the notice relates,

(c)

to have an interest in the land, or

(d)

to be a person who has the benefit of an infrastructure consent order to which the notice relates.