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STOP NOTICES
THIS IS A MEASURE USED IN CONJUNCTION
WITH AN ENFORCMENT NOTICE TO BRING AN IMMEDIATE CESSATION TO AN ALLEGED BREACH
OF PLANNING CONTROL.
THERE IS NO RIGHT OF APPEAL AGAINST A STOP NOTICE.
Stop Notices are used rarely and
usually in extreme circumstances. Improper use of a Stop Notice can result in
the Council incurring claims for compensation, so they are used only when other
measures have, or are likely to, prove unsuccessful in preventing a breach of
planning control.
You must cease your activities
in accordance with the terms of the Stop Notice and seek legal advice
immediately.
A Stop Notice is issued in
conjunction with an Enforcement Notice in order to secure the cessation of a
use before the period specified for compliance in the enforcement notice; ie
before the enforcement notice takes effect. In fact a Stop Notice may not be
issued once the Enforcement Notice becomes effective.
A Stop Notice may prohibit:-
a use of land, whether ancillary or
incidental to the main use of land
a particular activity taking place on
part of the land
intermittent or seasonal uses
However, a Stop Notice may not
prevent:-
the use of any building as a
dwellinghouse
the carrying out of any activity
which is not 'operational development' or the deposit of refuse or waste
materials, if that activity has been undertaken for more than 4 years prior to
the date of the notice.
Failure
to comply with a Stop Notice can result in summary conviction and fines of up
to £20,000, or an unlimited fine if convicted on indictment. The financial
benefits derived from the breach of planning control will also be taken into
account.
YOU ARE STRONGLY ADVISED TO SEEK PROFESSIONAL GUIDANCE IN THE EVENT
OF RECEIVING A STOP NOTICE.