Stop notices, loss and the compensation provisions
Stop notices halt work before any appeal is heard. When section 186 compensation is available, why ground (a) success defeats a claim, and how to evidence the loss.
A stop notice halts an activity before any appeal has been heard, and there is no right of appeal against the notice itself. The remedy, if the authority got it wrong, is compensation under section 186 of the Town and Country Planning Act 1990 for loss or damage attributable to the prohibition. That is a worse position than it sounds, because compensation is only available in defined circumstances, and the most obvious outcome of a successful appeal, planning permission being granted, is not one of them.
So the decision whether to keep working while an enforcement notice is under appeal is a commercial risk assessment, not a legal question with a clean answer.
What a stop notice prohibits
A stop notice under section 183 is served with, or after, an enforcement notice. It refers to that notice and prohibits the carrying out of activity which the enforcement notice requires to cease, or of any activity specified in the stop notice as being an activity included in the matters alleged.
It normally takes effect not earlier than three days after service, unless the authority states special reasons for an earlier date. Contravening it is a criminal offence, and the penalties are set with turnover in mind.
The limits matter. A stop notice cannot prohibit the use of a building as a dwellinghouse, nor the use of land as a site for a caravan occupied by a person as their only or main residence. And it cannot prohibit an activity that has been carried on for more than four years ending with the date of service, except where the activity consists of or includes building, engineering, mining or other operations, or the deposit of refuse or waste materials.
Read those exclusions carefully before advising a client to stop. Authorities do get them wrong, and a notice that bites on an excluded activity is open to challenge.
Temporary stop notices and their duration
A temporary stop notice under section 171E is the faster instrument. It takes effect as soon as it is displayed on the land, with no enforcement notice required first, and the authority has to display a copy together with a statement of the reasons for serving it.
Its maximum duration was extended by the Levelling-up and Regeneration Act 2023 to 56 days, and the same Act introduced a temporary stop notice power in relation to listed buildings. Check the current section before relying on a period, because this is an area that has moved.
The practical difference is speed. A temporary stop notice can land on a Friday afternoon on a site where groundworks started on the Monday, and the authority then has the breathing space to decide whether to serve an enforcement notice.
| Instrument | Effect | Duration | Appeal |
|---|---|---|---|
| Temporary stop notice (section 171E) | Immediate on display | Up to 56 days | No appeal against the notice |
| Stop notice (section 183) | Usually three days after service | Until the enforcement notice is complied with, withdrawn or quashed | No appeal against the notice |
| Enforcement notice (section 172) | 28 days after service unless appealed | Compliance period stated | Section 174 appeal on grounds (a) to (g) |
Why there is no direct appeal
The design is deliberate. The enforcement notice carries the appeal, and the stop notice is parasitic on it: if the enforcement notice falls, the stop notice falls with it.
That means the route to challenging a stop notice in its own right is judicial review, which tests legality rather than planning merits, and which is a poor fit for an argument that the authority has been heavy handed.
What you can do, and should do immediately, is write to the authority setting out why the notice is defective or disproportionate and asking for withdrawal. A withdrawn stop notice is itself a trigger for compensation, which concentrates minds.
Compensation where the notice is quashed
Section 186 provides for compensation in four situations: where the enforcement notice is quashed on grounds other than ground (a), where it is varied otherwise than on ground (a) so that the relevant activity ceases to be a matter alleged, where the enforcement notice is withdrawn by the authority otherwise than in consequence of the grant of planning permission, and where the stop notice itself is withdrawn.
The exclusion of ground (a) is the critical point. If you win your enforcement appeal because the inspector decides permission should be granted, you have your permission and no compensation for the period you were stopped. If you win on ground (b), (c) or (d), because there was no breach or the matter was already immune, compensation becomes available.
That asymmetry drives appeal strategy. Where the factual grounds are strong, running them matters for reasons beyond the outcome of the notice.
A claim is made to the authority, and the period for making it is set by the General Regulations, so check the current regulations and move quickly rather than assuming a generous window.
Calculating the loss claimed
Compensation covers loss or damage directly attributable to the prohibition. In practice that means:
- Standing time for plant, scaffold and site accommodation hired during the prohibition.
- Labour costs that could not be redeployed, with evidence that redeployment was attempted.
- Extended preliminaries and overheads for the period of delay, calculated from the contract.
- Additional finance costs on development funding, evidenced by the facility terms.
- Demonstrable loss of profit or rental income where a programme slipped past a fixed date.
- Professional fees incurred in dealing with the notice.
Claims fail on evidence more often than on principle. Keep a daily record from the day the notice is served: who was on site, what plant was standing, what instructions went out, and what mitigation was attempted. A reconstructed claim built from invoices nine months later will be discounted heavily.
There is also a duty to mitigate running through the whole exercise. Costs you could reasonably have avoided are not recoverable.
Risk assessment before continuing works
Work through five questions before anyone decides to carry on.
Is the activity one a stop notice can lawfully prohibit, given the dwellinghouse, caravan and four year exclusions. Is the enforcement notice vulnerable on a factual ground rather than only on the merits. What is the criminal exposure for the company and for individuals. What is the cost of stopping, measured honestly. And what is the realistic prospect of recovering that cost under section 186 if the appeal succeeds on the right ground.
Continuing in breach is rarely the right answer. The offence is committed by the person who contravenes the notice, the exposure is personal as well as corporate, and a conviction follows a company into every future procurement exercise.
Interaction with the enforcement notice appeal
Run the two together. The stop notice loss claim depends on the ground on which the enforcement appeal succeeds, so the grounds you plead have consequences for money as well as for the development.
Where there is a credible argument that the matters alleged are not a breach, plead it even if you also plead the merits. Where the activity has been going on for long enough to be immune, the time limit ground does double duty. The pattern of how inspectors have treated comparable situations is worth reviewing first, with the caution set out in using appeal decisions in a planning application about treating them as indicative rather than binding. The choice between the two instruments is explained further in temporary stop notice or stop notice.
Your appeal statement still has to set out the development plan position properly, which is the job a Planning Statement does at application stage.
To see which documents support a retrospective application or an enforcement appeal, browse all 66 PlanScope report types.
This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
Can a stop notice be appealed?
Not directly. The appeal lies against the enforcement notice the stop notice refers to, and if that notice falls the stop notice falls with it. Challenging a stop notice in its own right means judicial review, which tests legality rather than planning merits. Writing to the authority seeking withdrawal is usually the faster first step.
What activities can a stop notice not prohibit?
It cannot prohibit the use of a building as a dwellinghouse, or the use of land as a site for a caravan occupied as a person's only or main residence. It also cannot prohibit an activity carried on for more than four years ending with service, except where the activity includes building, engineering, mining or other operations or the deposit of refuse or waste.
When is compensation payable for a stop notice?
Under section 186 of the Town and Country Planning Act 1990, where the enforcement notice is quashed or varied on grounds other than ground (a), where the authority withdraws the enforcement notice otherwise than because permission was granted, or where the stop notice itself is withdrawn. Winning on the merits ground defeats a claim.
How long does a temporary stop notice last?
Up to 56 days, following the extension made by the Levelling-up and Regeneration Act 2023, and it takes effect as soon as it is displayed on the land with the reasons for service. Check the current wording of section 171E, because the duration and the scope of the power have both changed in recent years.
What evidence does a section 186 claim need?
Contemporaneous records from the day of service: site diaries, plant and scaffold hire standing time, labour that could not be redeployed and the attempts made to redeploy it, contract preliminaries, finance costs with the facility terms, and professional fees. A claim reconstructed from invoices months afterwards is discounted heavily, and there is a duty to mitigate throughout.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.