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Stop Notices
Where a LPA issues an enforcement notice then it can also issue a stop notice requiring that any activity which contravenes planning control ceases immediately: see section 183 of the 1990 Act. There is no right of appeal against a stop notice though one can challenge the LPA’s decision to issue such a notice by way of judicial review.
Contravention of a stop notice is an offence triable either way. Conviction in the Magistrates’ Court can result in a maximum fine of £20,000 – there is no limitation on the level of fine that can be imposed by the Crown Court. Compensation may be payable if an appeal against the associated enforcement notice is allowed.
Somewhat surprisingly, stop notices cannot be used to prohibit the use of a building as a dwelling house but can be used to prevent land being used as a residential caravan site.
In Clare Wilson v First Secretary of State, the claimant Gypsy argued that the admitted difference in treatment between those living in caravans and those that used buildings for residential purposes had a disproportionate effect on Gypsies and Travellers which could not be justified and breached Article 14 of the Convention. Judges in both the High Court and the Court of Appeal disagreed; they took the view that greater harm was likely to occur when a caravan was brought onto a piece of land than when a building was used as a dwelling house and that the difference in treatment was justified on that basis.
Temporary stop notices
The Planning and Compulsory Purchase Act 2004 provides LPAs with additional enforcement powers in the form of temporary stop notices (TSNs) which can be issued without the need to issue an enforcement notice and are designed to halt breaches of planning control for a period of up to 28 days. Like the stop notices created by the 1990 Act, TSNs can be used in respect of caravans but not to prohibit the use of a building for residential purposes in breach of planning control.
Having reviewed the legislation the Joint Committee on Human Rights (the JCHR) concluded that the provision seemed to discriminate against Gypsies and Travellers. In order to address the JCHR’s concerns and in an attempt to ensure that the provision is not used in a discriminatory fashion the government introduced the Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005 The Regulations came into force on 7th March 2005 and regulation 2(2) provides that a TSN may not prohibit the continued stationing of a caravan on land where:
‘the caravan is stationed on the land immediately before the issue of the temporary stop notice; and the caravan is occupied by a person as his main residence; unless the local planning authority consider that the harm to amenity caused by the stationing of the caravan is so serious so as to outweigh any benefit to the occupier of the caravan in the stationing of the caravan for the period for which the temporary stop notice has effect.’
Guidance on circumstances in which LPAs might decide to use a TSN to prevent the continued stationing of a caravan used by a person as his main residence has been published by the ODPM in the form of Circular 02/05. Paragraph 18 provides the following examples ‘…of locations where the unauthorised stationing of a caravan would normally be unacceptable …:
Paragraph 19 of the Circular also explains that:
a) a TSN may be used to prohibit the stationing of any additional caravans on the land, on which a caravan is already stationed;
b) a single TSN may apply to the whole of a site (planning unit) in circumstances where a field has been subdivided into plots, irrespective of the fact that the field may not be in single ownership;
c) a TSN may be used to stop other development associated with using the site for further caravans and any further work developing the site
but that LPAs should ensure that at least minimum standards of health, hygiene and public health are maintained before taking action and, for existing caravans, should allow basic temporary facilities including some form of temporary foul waste disposal which prevents nuisance or risk to anyone’s health.
Contravention of a stop notice is an offence triable either way. Conviction in the Magistrates’ Court can result in a maximum fine of £20,000 – there is no limitation on the level of fine that can be imposed by the Crown Court. Compensation may be payable if an appeal against the associated enforcement notice is allowed.
Somewhat surprisingly, stop notices cannot be used to prohibit the use of a building as a dwelling house but can be used to prevent land being used as a residential caravan site.
In Clare Wilson v First Secretary of State, the claimant Gypsy argued that the admitted difference in treatment between those living in caravans and those that used buildings for residential purposes had a disproportionate effect on Gypsies and Travellers which could not be justified and breached Article 14 of the Convention. Judges in both the High Court and the Court of Appeal disagreed; they took the view that greater harm was likely to occur when a caravan was brought onto a piece of land than when a building was used as a dwelling house and that the difference in treatment was justified on that basis.
Temporary stop notices
The Planning and Compulsory Purchase Act 2004 provides LPAs with additional enforcement powers in the form of temporary stop notices (TSNs) which can be issued without the need to issue an enforcement notice and are designed to halt breaches of planning control for a period of up to 28 days. Like the stop notices created by the 1990 Act, TSNs can be used in respect of caravans but not to prohibit the use of a building for residential purposes in breach of planning control.
Having reviewed the legislation the Joint Committee on Human Rights (the JCHR) concluded that the provision seemed to discriminate against Gypsies and Travellers. In order to address the JCHR’s concerns and in an attempt to ensure that the provision is not used in a discriminatory fashion the government introduced the Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005 The Regulations came into force on 7th March 2005 and regulation 2(2) provides that a TSN may not prohibit the continued stationing of a caravan on land where:
‘the caravan is stationed on the land immediately before the issue of the temporary stop notice; and the caravan is occupied by a person as his main residence; unless the local planning authority consider that the harm to amenity caused by the stationing of the caravan is so serious so as to outweigh any benefit to the occupier of the caravan in the stationing of the caravan for the period for which the temporary stop notice has effect.’
Guidance on circumstances in which LPAs might decide to use a TSN to prevent the continued stationing of a caravan used by a person as his main residence has been published by the ODPM in the form of Circular 02/05. Paragraph 18 provides the following examples ‘…of locations where the unauthorised stationing of a caravan would normally be unacceptable …:
- Sites of Special Scientific Interest (SSSI) where an encampment endangers a sensitive environment or wildlife;
- Grounds of ancient monuments or listed buildings, battlefields or sites of potential archaeological interest;
- A site where pollution from vehicles, or dumping, or from poor sanitation could damage ground water or water courses;
- A derelict area with toxic waste or other serious ground pollution;
- The verge of a busy road where fast traffic is a danger to unauthorised campers;
- Where the site is exposed to unacceptable levels of air pollution;
- Where there is an immediate negative impact on the health of the occupiers of the caravans.’
Paragraph 19 of the Circular also explains that:
a) a TSN may be used to prohibit the stationing of any additional caravans on the land, on which a caravan is already stationed;
b) a single TSN may apply to the whole of a site (planning unit) in circumstances where a field has been subdivided into plots, irrespective of the fact that the field may not be in single ownership;
c) a TSN may be used to stop other development associated with using the site for further caravans and any further work developing the site
but that LPAs should ensure that at least minimum standards of health, hygiene and public health are maintained before taking action and, for existing caravans, should allow basic temporary facilities including some form of temporary foul waste disposal which prevents nuisance or risk to anyone’s health.
