Town and Country Planning (Amendment) Act 1977
| Jurisdiction | UK Non-devolved |
| Citation | 1977 c. 29 |
| Year | 1977 |
Town and Country Planning(Amendment) Act 1977
1977 CHAPTER 29
An Act to amend the Town and Country Planning Act 1971 as respects stop notices and the provision of information to the Secretary of State and local authorities; and for connected purposes.
[22nd July 1977]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Stop notices.
(1) For section 90 of the Town and Country Planning Act 1971 there shall be substituted the following section—
90 ‘Stop notices.
(1) Where in respect of any land the local planning authority—
(a ) have served an enforcement notice requiring a breach of planning control to be remedied; but
(b ) consider it expedient to prevent, before the expiry of the period allowed for compliance with the notice, the carrying out of any activity which is, or is included in, a matter alleged by the notice to constitute the breach,
then, subject to the following provisions of this section, they may at any time before the notice takes effect serve a further notice (in this Act referred to as a ‘stop notice’) referring to, and having annexed to it a copy of, the enforcement notice and prohibiting the carrying out of that activity on the land, or on any part of it specified in the stop notice.
(2) A stop notice shall not prohibit—
(a ) the use of any building as a dwellinghouse, or
(b ) the use of land as the site for a caravan occupied by any person as his only or main residence (and for this purpose ‘caravan’ has the same meaning as it has for the purposes of Part I of the Caravan Sites and Control of Development Act 1960 ), or
(c ) the taking of any steps specified in the enforcement notice as required to be taken in order to remedy the breach of planning control;
and where the period during which an activity has been carried out on land (whether continuously or otherwise) began more than twelve months earlier, a stop notice shall not prohibit the carrying out of that activity on that land unless it is, or is incidental to, building, engineering, mining or other operations or the deposit of refuse or waste materials.
(3) A stop notice shall not take effect (and so cannot be contravened) until such date as it may specify, being a date not earlier than three nor later than twenty-eight days from the day on which it is first served on any person.
(4) A stop notice shall cease to have effect when—
(a ) the enforcement notice is withdrawn or quashed, or
(b ) the period allowed for compliance with the enforcement notice expires, or
(c ) notice of the withdrawal of the stop notice is first served under subsection (6) of this section;
and a stop notice shall also cease to have effect if or to the extent that the activities prohibited by it cease, on a variation of the enforcement notice, to be included in the matters alleged by the enforcement notice to constitute a breach of planning control.
(5) A stop notice may be served by the local planning authority on any person who appears to them to have an interest in the land or to be engaged in any activity prohibited by the notice; and where a stop notice has been served in respect of any land the authority may display there a notice (in this section referred to as a ‘site notice’) stating that a stop notice has been served and that any person contravening it may be prosecuted for an offence under this section, giving the date when the stop notice takes effect and indicating its requirements.
(6) The local planning authority may at any time withdraw a stop notice (without prejudice to their power to serve another) by serving notice to that effect on persons served with the stop notice and, if a site notice was displayed in respect of the stop notice, displaying a notice of the withdrawal in place of the site notice.
(7) If any person contravenes, or causes or permits the contravention of, a stop notice—
(a ) after a site notice has been displayed, or
(b ) if a site notice has not...
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