PLANNING (NORTHERN IRELAND) ORDER 1972

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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 45



45.(1) Where in respect of any land the Department

(a)has served an enforcement notice requiring a breach of planning control to
be remedied; but

(b)considers 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,

(2) A stop notice shall not prohibit

(a)any person from continuing to use any building, caravan or other structure
situated upon the land as his permanent residence whether as owner, occupier,
tenant, patient, guest or otherwise;

(b)any person from taking any steps necessary to comply or secure compliance
with an enforcement notice.

(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(a)the enforcement notice referred to in it is withdrawn or quashed; or

(b)the period allowed for compliance with that enforcement notice expires; or

(c)notice of withdrawal of the stop notice is first served under paragraph
(6); or

(d)if or to the extent that the activities prohibited by it cease, on a
variation of the enforcement notice referred to in it, 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 Department on any person who appears to
it to have an estate 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 Department may display there a notice (in this Article referred to as a
"site notice") stating

(a)that a stop notice has been served; and

(b)that any person contravening the stop notice may be prosecuted for an
offence under this Article, giving the date when the stop notice takes effect
and indicating its requirements.

(6) The Department may at any time withdraw a stop notice (without prejudice
to its power to serve another)

(a)by serving notice to that effect on persons served with the stop notice;
and

(b)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)after a stop notice has been served on him,

(7A) In proceedings for an offence under this Article it shall be a defence
for the accused to prove that the stop notice was not served on him and that
he did not know, and could not reasonably have been expected to know, of its
existence.

(7B) A stop notice shall not be invalid by reason that the enforcement notice
to which it relates was not served as required by Article 42(4) if it is shown
that the Department took all such steps as were reasonably practicable to
effect proper service.

(7C) Any reference in this Article to the period allowed for compliance with
an enforcement notice shall be construed in accordance with Article 44(6).]

Para.(8) spent

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Northern Irish Legislation

PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 45