Town & Country
Development Planning Office
Jan 22, 2022
Stop Notices

Where the Chief Town Planner considers it expedient that any particular operations should cease as a matter of urgency, then before the expiry of the period for compliance with an Enforcement Notice, he may also serve a Stop Notice prohibiting the carrying out or continuing on the land any operations to which the Enforcement Notice relates.  The purpose of the Stop Notice is to give the Enforcement Notice almost immediate interim effect.

Stop Notices operate personally against anyone who is served and may be served on any person having an interest in the land or any person carrying out the alleged development to which the Enforcement Notice relates.  Thus, in the case of building or other operations, the Stop Notice can be served on the contractor or builder.

The Stop Notice:

(1)  Refers specifically to the Enforcement Notice to which it relates and is accompanied by a   
      copy of the Enforcement Notice;

(2)  Prohibits the person served from carrying out or continuing on the land any operations     
alleged in the Enforcement Notice to constitute a breach of planning control, or any specified   part of  them or any other operations so closely associated with them as to constitute substantially the same operations;

(3)  Takes effect from the date on which it is served and remains in effect until the Enforcement  
       Notice to which it relates is actually withdrawn or quashed.

The Town and Country Planning Act does not provide any mechanism for appealing against a Stop Notice and proceedings for contravening it would have to be instituted in the High Court.

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