Temporary stop notice in planning
A temporary stop notice is an enforcement notice that can be issued by a planning authority if there is a breach of planning control, that is, where development is carried out without the proper planning permission, or where there is a failure to comply with a condition or limitation stipulated on permitted development rights.
It is an order for ‘relevant activity’ to cease on any part of the land to which the notice refers.
This power was introduced in 2004 by Section 171E of the Town and Country Planning Act 1990.
A temporary stop notice differs from a stop notice in that it does not need to be accompanied by, or follow, the issuing of an enforcement notice, instead, it can be issued on a stand-alone basis. The advantage of this is that it is faster, as the compliance period does not have to expire before the local authority can serve the notice, and so it is more effective where immediate action is necessary.
Issuing a temporary stop notice is at the discretion of the planning authority, on the basis that they believe there to be a breach for which it is ‘...expedient that the activity which amounts to the breach is stopped immediately.’ The requirements set out in the notice should prohibit only that which it is essential to prohibit in order to safeguard public safety or amenity in the neighbourhood, or to prevent serious harm being caused to the surrounding area’s environment.
A temporary stop notice is only valid for 28 days, after which, the local authority must take alternative of enforcement action if necessary.
Failure to comply with a stop notice can lead to prosecution and an unlimited fine.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Twas the site before Christmas...
A rhyme for the industry and a thankyou to our supporters.
Plumbing and heating systems in schools
New apprentice pay rates coming into effect in the new year
Addressing the impact of recent national minimum wage changes.
EBSSA support for the new industry competence structure
The Engineering and Building Services Skills Authority, in working group 2.
Notes from BSRIA Sustainable Futures briefing
From carbon down to the all important customer: Redefining Retrofit for Net Zero Living.
Principal Designer: A New Opportunity for Architects
ACA launches a Principal Designer Register for architects.
A new government plan for housing and nature recovery
Exploring a new housing and infrastructure nature recovery framework.
Leveraging technology to enhance prospects for students
A case study on the significance of the Autodesk Revit certification.
Fundamental Review of Building Regulations Guidance
Announced during commons debate on the Grenfell Inquiry Phase 2 report.
CIAT responds to the updated National Planning Policy Framework
With key changes in the revised NPPF outlined.
Councils and communities highlighted for delivery of common-sense housing in planning overhaul
As government follows up with mandatory housing targets.
CIOB photographic competition final images revealed
Art of Building produces stunning images for another year.
HSE prosecutes company for putting workers at risk
Roofing company fined and its director sentenced.
Strategic restructure to transform industry competence
EBSSA becomes part of a new industry competence structure.
Major overhaul of planning committees proposed by government
Planning decisions set to be fast-tracked to tackle the housing crisis.
Industry Competence Steering Group restructure
ICSG transitions to the Industry Competence Committee (ICC) under the Building Safety Regulator (BSR).
Principal Contractor Competency Certification Scheme
CIOB PCCCS competence framework for Principal Contractors.
The CIAT Principal Designer register
Issues explained via a series of FAQs.