Part VI

Enforcement

Temporary stop notices

Temporary stop notices: restrictions
144B
1
A temporary stop notice does not prohibit—
a
the use of a building as a dwellinghouse, or
b
engagement in an activity (either or both)—
i
of such description,
ii
in such circumstances,
as may be prescribed.
2
A temporary stop notice does not prohibit engagement in any activity which has been engaged in (whether continuously or not) for a period of more than 4 years ending with the day on which a copy of the notice is first displayed in pursuance of section 144A(4).
3
But subsection (2) does not prevent a temporary stop notice prohibiting—
a
activity consisting in, or incidental to, building, engineering, mining or other operations, or
b
the deposit of refuse or waste materials.
4
For the purposes of subsection (2), any period during which the activity in question is authorised by planning permission is to be ignored.
5
A second or subsequent temporary stop notice must not be issued in respect of the same activity unless the planning authority have in the meantime taken some other enforcement action in relation to the breach of planning control which is constituted by the activity.
6
In subsection (5), “
enforcement action
” includes obtaining the grant of an interdict under section 146(2).
Ss. 144A-144D and cross-heading inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 26(1), 59(2); S.S.I. 2008/411, art. 2(2)(3)(b); S.S.I. 2009/219, art. 2, sch.
Pt. 6 applied (with modifications) (1.4.2010) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(1), 30 (with arts. 4, 5)
Pt. 6 modified (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), regs. 1, 19(2)
Pt. 6: power to modify conferred (6.1.2025) by Housing (Cladding Remediation) (Scotland) Act 2024 (asp 7), ss. 29(5), 39(2); S.S.I. 2024/370, reg. 2