Part I

Listed Buildings
Chapter IV

Enforcement

Temporary stop notices

Temporary stop notices
41F
1
Where it appears to the planning authority that—
a
any works have been, or are being, executed to a listed building in their district,
b
the works are such as to involve a contravention of section 8(1) or (2), and
c
it is expedient that the works are (or any part of the works is) stopped immediately,
they may, if they consider it expedient to do so having regard to the effect of the works on the character of the building as one of special architectural or historic interest, issue a temporary stop notice.
2
The notice must be given in writing and must—
a
specify the works in question,
b
prohibit execution of the works (or so much of the works as is specified in the notice), and
c
set out the authority's reasons for issuing the notice.
3
A temporary stop notice may be served on any of the following—
a
a person who appears to the authority to be executing, or causing to be executed, the works,
b
a person who appears to the authority to have an interest in the building (whether as owner or occupier or otherwise).
4
The authority must display on the building—
a
a copy of the notice, and
b
a statement as to the effect of section 41H.
5
A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (4).
6
A temporary stop notice ceases to have effect at the end of the period of 28 days starting on the day the copy notice is so displayed.
7
But if a shorter period starting on that day is specified in the notice, the notice instead ceases to have effect at the end of that shorter period.
8
And if the notice is withdrawn by the authority before that period of 28 days (or, as the case may be, that shorter period) expires, the notice ceases to have effect on being so withdrawn.
Ss. 41A-41I and cross-headings inserted (30.6.2011 for specified purposes, 1.12.2011 in so far as not already in force) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 23(1), 33(2); S.S.I. 2011/174, art. 2, sch.; S.S.I. 2011/372, art. 2, Sch.
Ss. 28-41I applied (with modifications) (1.10.2015) by The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 (S.S.I. 2015/243), regs. 1, 15, sch. 3 (with reg. 2)