Explanatory Memorandum

Planning Amendment (Northern Ireland) Order 2003

2003 No. 430

Commentary on Articles

Other changes relating to enforcement

Article 11 ‑ Stop notices

This Article strengthens and clarifies the current stop notice provisions by providing that a stop notice has immediate effect unless the Department states otherwise.  To ensure parity with the increased penalties for contravention of an enforcement notice, this Article provides that:

In certain circumstances compensation may be payable when a stop notice is quashed or withdrawn. Paragraph (2) of the Article provides that no compensation is payable in respect of a stop notice for any activity which, at the time when the notice is in force, constitutes or contributes to a breach of planning control or, in respect of any loss or damage if such loss or damage could have been avoided had information required under a contravention notice (see Article 3 ), or Article 125 of the 1991 Order, been provided.