Temporary Stop Notice (TSN)
s171E inserted by Planning + Compulsory Purchase Act 2004. LPA may issue TSN where it considers there has been a breach of planning control + it is expedient that activity ceases immediately. Effect: specified activity must cease within time stated (typically immediately or within 24–72 hours). Duration: maximum 56 days from service — auto-expires unless replaced by Stop Notice + Enforcement Notice. Purpose: gives LPA time to investigate + prepare enforcement notice without the breach continuing. Service: posted at site + sent to person carrying out activity + landowner. Defence to prosecution: notice did not specify activity with sufficient clarity, or genuine belief activity was authorised. Compensation: payable if TSN proves to have been issued without proper basis (rare). Common London scenarios: unauthorised demolition mid-process, mansard construction without planning, basement excavation contrary to planning conditions. Penalty for breach: criminal offence under s171G, unlimited fine on conviction.
Stop Notice + Enforcement Notice combination
s183 Stop Notice cannot be issued in isolation — only with or after an enforcement notice. Effect: prohibits specified activities from continuing during enforcement notice appeal period + compliance period. Used where: (1) ongoing harm justifies halting works during appeal (typically 28–50 weeks); (2) continued activity would prejudice enforcement remedy. Service: minimum 3 days notice before takes effect, with the enforcement notice. Compensation: payable to person served if Stop Notice subsequently withdrawn, or enforcement notice quashed on appeal, or related planning permission subsequently granted — quantum = loss directly caused by Stop Notice (lost rent, contractor stand-down costs, demobilisation). London Stop Notice prosecutions 2024/25: Westminster prosecuted basement contractor £14,500 fine for continuing work after Stop Notice on Belgravia basement; Hackney £8,500 fine for mansard continuation in Stoke Newington CA. Mitigating: comply immediately + treat appeal as the proper challenge route.
