Town and Country Planning Act 1990

[F1171ETemporary stop noticeE+W

(1)This section applies if the local planning authority think—

(a)that there has been a breach of planning control in relation to any land, and

(b)that it is expedient that the activity (or any part of the activity) which amounts to the breach is stopped immediately.

(2)The authority may issue a temporary stop notice.

(3)The notice must be in writing and must—

(a)specify the activity which the authority think amounts to the breach;

(b)prohibit the carrying on 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.

(4)A temporary stop notice may be served on any of the following—

(a)the person who the authority think is carrying on the activity;

(b)a person who the authority think is an occupier of the land;

(c)a person who the authority think has an interest in the land.

(5)The authority must display on the land—

(a)a copy of the notice;

(b)a statement of the effect of the notice and of section 171G.

(6)A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (5).

(7)A temporary stop notice ceases to have effect—

(a)at the end of the [F2relevant period] starting on the day the copy notice is so displayed,

(b)at the end of such shorter period starting on that day as is specified in the notice, or

(c)if it is withdrawn by the local planning authority.

[F3(8)In subsection (7)(a), “relevant period” means—

(a)in the case of a notice issued by a local planning authority in England, 56 days;

(b)in the case of a notice issued by a local planning authority in Wales, 28 days.]]

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)

F2Words in s. 171E(7)(a) substituted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 116(2), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(c) (with reg. 6)