Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)
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Change 1
As published
87 Stop Notices.
.
(1) Where the planning authority consider it expedient that any relevant activity should cease before the expiry of the period for compliance with an enforcement notice, they may, when they serve the copy of the enforcement notice or afterwards, serve a notice (in this Act referred to as a “stop notice”) prohibiting the carrying out of that activity on the land to which the enforcement notice relates, or any part of that land specified in the stop notice.
(2) In this section, “relevant activity” means any activity specified in the enforcement notice as an activity which the planning authority require to cease and any activity carried out as part of that activity or associated with that activity.
(2A) A stop notice may not be served where the enforcement notice has taken effect.
(2B) A stop notice shall not prohibit the use of any building as a dwellinghouse.
(2C) A stop notice shall not prohibit the carrying out of any activity if the activity has been carried out (whether continuously or not) for a period of more than four years ending with the service of the notice; and for the purposes of this subsection no account is to be taken of any period during which the activity was authorised by planning permission.
(2D) Subsection (2C) of this section does not prevent a stop notice prohibiting any activity consisting of, or incidental to, building, engineering, mining or other operations or the deposit of refuse or waste materials.
(3) A stop notice shall specify the date when it is to come into effect, and that date—
(a) must not be earlier than three days after the date when the notice is served, unless the planning authority consider that there are special reasons for specifying an earlier date and a statement of those reasons is served with the stop notice; and
(b) must not be later than twenty-eight days from the date when the notice is first served on any person.
(4) A stop notice shall cease to have effect—(a)when it is withdrawn under the provisions of subsection (10) below;
(b) when the enforcement notice to which it relates is withdrawn or quashed; or
(c) when the period for compliance with that enforcement notice specified under section 84AA(9) of this Act has expired;
whichever is the earlier.
(5) Where the enforcement notice to which a stop notice relates is varied so that it no longer relates to any relevant activity, the stop notice shall cease to have effect in relation to that activity.
(6) A stop notice may be served by the planning authority on any person who appears to them to have an interest in the land or to be engaged in the relevant activity specified in the enforcement notice.
(7) The planning authority may publicise a stop notice by displaying on the land a notice (to be referred to as a “site notice”) which shall state—
(a) the requirements of the stop notice;
(b) that the stop notice has been served on a particular person or persons; and
(c) the consequences under subsection (8) below of contravention of the stop notice.
(8) If any person contravenes a stop notice after a site notice has been displayed or the stop notice has been served on him he shall be guilty of an offence.
(8A) An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.
(8B) It shall be a defence in any proceedings under subsection (8) of this section that the stop notice was not served on the accused and that he had no reasonable cause to believe that the activity was prohibited by the stop notice.
(8C) References in this section to contravening a stop notice include causing or permitting its contravention.
(8D) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £20,0; and
(b) on conviction on indictment, to a fine.
(8E) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
(9) A stop notice shall not be invalid by reason that the enforcement notice to which it relates was not served as required by section 84 of this Act if it is shown that the planning authority took all such steps as were reasonably practicable to effect proper service.
(10) The planning authority may at any time withdraw a stop notice (without prejudice to their power to serve another) by notice which—
(a) shall be served on all persons who were served with the stop notice; and
(b) shall be publicised by displaying it for seven days in place of all or any relative site notices.
Your change, as a redline
87 Stop Notices.
.
(1) Where the planning authority consider it expedient that any relevant activity should cease before the expiry of the period for compliance with an enforcement notice, they may, when they serve the copy of the enforcement notice or afterwards, serve a notice (in this Act referred to as a “stop notice”) prohibiting the carrying out of that activity on the land to which the enforcement notice relates, or any part of that land specified in the stop notice.
(2) In this section, “relevant activity” means any activity specified in the enforcement notice as an activity which the planning authority require to cease and any activity carried out as part of that activity or associated with that activity.
(2A) A stop notice may not be served where the enforcement notice has taken effect.
(2B) A stop notice shall not prohibit the use of any building as a dwellinghouse.
(2C) A stop notice shall not prohibit the carrying out of any activity if the activity has been carried out (whether continuously or not) for a period of more than four years ending with the service of the notice; and for the purposes of this subsection no account is to be taken of any period during which the activity was authorised by planning permission.
(2D) Subsection (2C) of this section does not prevent a stop notice prohibiting any activity consisting of, or incidental to, building, engineering, mining or other operations or the deposit of refuse or waste materials.
(3) A stop notice shall specify the date when it is to come into effect, and that date—
(a) must not be earlier than three days after the date when the notice is served, unless the planning authority consider that there are special reasons for specifying an earlier date and a statement of those reasons is served with the stop notice; and
(b) must not be later than twenty-eight days from the date when the notice is first served on any person.
(4) A stop notice shall cease to have effect—(a)when it is withdrawn under the provisions of subsection (10) below;
(b) when the enforcement notice to which it relates is withdrawn or quashed; or
(c) when the period for compliance with that enforcement notice specified under section 84AA(9) of this Act has expired;
whichever is the earlier.
(5) Where the enforcement notice to which a stop notice relates is varied so that it no longer relates to any relevant activity, the stop notice shall cease to have effect in relation to that activity.
(6) A stop notice may be served by the planning authority on any person who appears to them to have an interest in the land or to be engaged in the relevant activity specified in the enforcement notice.
(7) The planning authority may publicise a stop notice by displaying on the land a notice (to be referred to as a “site notice”) which shall state—
(a) the requirements of the stop notice;
(b) that the stop notice has been served on a particular person or persons; and
(c) the consequences under subsection (8) below of contravention of the stop notice.
(8) If any person contravenes a stop notice after a site notice has been displayed or the stop notice has been served on him he shall be guilty of an offence.
(8A) An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.
(8B) It shall be a defence in any proceedings under subsection (8) of this section that the stop notice was not served on the accused and that he had no reasonable cause to believe that the activity was prohibited by the stop notice.
(8C) References in this section to contravening a stop notice include causing or permitting its contravention.
(8D) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £20,0; and
(b) on conviction on indictment, to a fine.
(8E) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
(9) A stop notice shall not be invalid by reason that the enforcement notice to which it relates was not served as required by section 84 of this Act if it is shown that the planning authority took all such steps as were reasonably practicable to effect proper service.
(10) The planning authority may at any time withdraw a stop notice (without prejudice to their power to serve another) by notice which—
(a) shall be served on all persons who were served with the stop notice; and
(b) shall be publicised by displaying it for seven days in place of all or any relative site notices.
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