The Town and Country Planning (Temporary Stop Notice) (England) (Revocation) Regulations 2013

Made: 11th April 2013

Laid before Parliament: 12th April 2013

Coming into force: 4th May 2013

The Secretary of State, in exercise of the powers conferred by section 171F of the Town and Country Planning Act 1990[^f00001], makes the following Regulations:

Citation, commencement and application

1

• (1) These Regulations may be cited as the Town and Country Planning (Temporary Stop Notice) (England) (Revocation) Regulations 2013 and shall come into force on 4th May 2013.

• (2) These Regulations apply in relation to England only.

Revocation of Temporary Stop Notice Regulations

2

The Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005[^f00002] are revoked.

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Brandon Lewis — Parliamentary Under Secretary of State — Department for Communities and Local Government — 11th April 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Section 171E of the Town and Country Planning Act 1990 enables a local planning authority to issue a Temporary Stop Notice if they think that there has been a breach of planning control and that it is expedient that the activity, or any part of it, which amounts to the breach, is stopped immediately.

Section 171F(1)(b) enables the Secretary of State to prescribe descriptions of activities which are not prohibited by a Temporary Stop Notice, and circumstances in which the carrying out of an activity is not prohibited by a Temporary Stop Notice. These Regulations revoke the Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005 which prescribe the stationing of a caravan on land where the land is used for that purpose immediately before the issue of the Temporary Stop Notice, and the caravan is at that time occupied by a person as his main residence, unless the local planning authority consider that the risk of harm to a compelling public interest arising from the stationing of the caravan is so serious as to outweigh any benefit to the occupier of the caravan for the period for which the Temporary Stop Notice has effect.

A related Equalities Statement has been produced in relation to this Statutory Instrument and is available on the Government’s website. However, as no impact on the private sector, civil society organisations and public services is foreseen an Impact Assessment has not been undertaken.

Footnotes

[^f00001]: 1990 c.8. Section 171F of the Town and Country Planning Act 1990 was inserted by section 52 of the Planning and Compulsory Purchase Act 2004 (c.5). See section 336 of the Town and Country Planning Act 1990 for the meaning of “prescribed”.

[^f00002]: SI 2005/206.