OpenLegislation

Section 135 Temporary stop noticeC1C2I1I2C3

(1)

This section applies if a council thinks—

(a)

that there has been a breach of planning control in relation to any land in its district; and

(b)

that it is expedient that the activity (or any part of the activity) which amounts to the breach is stopped immediately.

(2)

The council may issue a temporary stop notice.

(3)

The notice must be in writing and must—

(a)

specify the activity which the council thinks amounts to the breach;

(b)

prohibit the carrying on of the activity (or of so much of the activity as is specified in the notice);

(c)

set out the council's reasons for issuing the notice.

(4)

A temporary stop notice may be served on any of the following—

(a)

a person who the council thinks is carrying on the activity;

(b)

a person who the council thinks is an occupier of the land;

(c)

a person who the council thinks has an estate in the land.

(5)

The council must display on the land—

(a)

a copy of the notice;

(b)

a statement of the effect of the notice and of section 137.

(6)

A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (5).

(7)

A temporary stop notice ceases to have effect—

(a)

at the end of the period of 28 days starting on the day the copy notice is so displayed;

(b)

at the end of such shorter period starting on that day as is specified in the notice; or

(c)

if it is withdrawn by the council.

Annotations

Modifications

C1

Pt. 5 applied with modification(s) (1.4.2015) by The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 2015 (S.R. 2015/107), regs. 1, 11

C2

Pt. 5 (except ss. 157-163) applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)

C3

Ss. 105-155: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))

Commencement

I1

S. 135 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1

I2

S. 135 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)