C1C4C5 Part VII Enforcement

Annotations:
Modifications etc. (not altering text)
C1

Pt. VII (ss. 172-196C) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. VII (ss. 172-196C) applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Stop notices

C3184 Stop notices: supplementary provisions. C2

1

A stop notice must refer to the enforcement notice to which it relates and have a copy of that notice annexed to it.

2

A stop notice must specify the date on which it will take effect (and it cannot be contravened until that date).

F13

That date—

a

must not be earlier than three days after the date when the notice is served, unless the local planning authority consider that there are special reasons for specifying an earlier date and a statement of those reasons is served with the stop notice; and

b

must not be later than twenty-eight days from the date when the notice is first served on any person.

4

A stop notice shall cease to have effect when—

a

the enforcement notice to which it relates is withdrawn or quashed; or

b

the F2period for compliance with the enforcement notice expires; or

c

notice of the withdrawal of the stop notice is first served under section 183(7).

5

A stop notice shall also cease to have effect if or to the extent that the activities prohibited by it cease, on a variation of the enforcement notice, to be F3relevant activities.

6

Where a stop notice has been served in respect of any land, the local planning authority may display there a notice (in this section and section 187 referred to as a “site notice”)—

a

stating that a stop notice has been served and that any person contravening it may be prosecuted for an offence under section 187,

b

giving the date when the stop notice takes effect, and

c

indicating its requirements.

7

If under section 183(7) the local planning authority withdraw a stop notice in respect of which a site notice was displayed, they must display a notice of the withdrawal in place of the site notice.

8

A stop notice shall not be invalid by reason that a copy of the enforcement notice to which it relates was not served as required by section F4172if it is shown that the local planning authority took all such steps as were reasonably practicable to effect proper service.