Temporary stop notices and what they can require
A temporary stop notice bites immediately, cannot be appealed, and runs only for the period written on its face. Here is what one can and cannot prohibit, and what to do in the first two days.
A temporary stop notice halts a specified activity on a site immediately. It is served under section 171E of the Town and Country Planning Act 1990, it takes effect the moment a copy is displayed on the land with the authority's reasons, and there is no right of appeal against it. For a landlord or investor who has converted a house, changed a use or started building ahead of permission, this is the one enforcement tool that can stop work before anybody has argued about whether a breach happened.
The notice decides nothing about the planning merits. It buys the local planning authority time to decide what to do next, and it puts the cost of the pause on you.
What the notice does and when it bites
Section 171E lets a local planning authority issue a temporary stop notice where it thinks there has been a breach of planning control and thinks it expedient that the activity amounting to the breach should stop at once. Both limbs are a matter of the authority's opinion at the time. The officer does not have to prove the breach first.
The document itself has to specify the activity, prohibit it, give the authority's reasons, and set out the effect of the offence and compensation provisions. Service goes to the person carrying on the activity and usually to anyone with an interest in the land. The timing that matters is different: the notice has effect from when a copy is first displayed on the site together with a copy of the reasons. Work out that date from the site, not from the postmark.
One practical point gets missed. The prohibition reaches only the activity described. If the notice names the installation of a second kitchen and the formation of a separate access, scaffolding, roof repairs and anything else carries on lawfully. Authorities draft these notices quickly and the description is sometimes wider or narrower than what is actually happening on the ground, which is worth comparing line by line before you shut a site down.
The period it runs for
A temporary stop notice expires on the date written on its face. The original maximum in section 171E was 28 days, and the Levelling-up and Regeneration Act 2023 raised the maximum in England to 56 days, so notices now vary. Read the expiry date rather than counting forward from a figure you remember.
The notice also falls away early if the authority withdraws it or grants planning permission for the activity. And an authority cannot simply issue a second notice when the first runs out: the Act bars a further temporary stop notice on the same activity unless the authority has taken some other enforcement action on that breach in the meantime. That constraint is the reason these notices are usually followed within weeks by an enforcement notice.
Activities a temporary notice cannot stop
Section 171F carves out the use of a building as a dwellinghouse. A temporary stop notice cannot be used to turn people out of a house, and that limit is read strictly in favour of occupation. Building works to that same building are a separate activity and can be stopped, which is where many conversion disputes sit.
Regulations made under section 171F prescribe further activities that are outside the power, framed around activities that have already been carried on for a long period. The underlying enforcement time limits changed under the Levelling-up and Regeneration Act 2023, so if you are relying on the length of time an activity has run, check the current regulations and the current immunity period before relying on the point. Where the activity is marginal, the separate question of whether it amounts to development at all can matter more than the notice: some works are too trivial to count as development at all.
No appeal, and the judicial review route
There is no section 174 appeal against a temporary stop notice. That is the single feature that surprises people most, because enforcement notices come with a well-worn appeal route and a 28 day minimum before they take effect. Here the notice bites on day one and the Planning Inspectorate has no role.
What remains is judicial review in the High Court. The grounds are public law grounds, which in practice means arguing that the authority had no power to issue the notice, that it reached its view of expediency irrationally, that the notice fails to specify the activity properly, or that it prohibits something section 171F protects. Claims must be brought promptly and in any event within three months. Judicial review is slower and more expensive than the notice period itself, so the realistic sequence is usually a letter to the authority asking it to withdraw or narrow the notice, with the court kept in reserve.
Section 171H sits alongside. It allows compensation for loss or damage directly attributable to the prohibition in prescribed circumstances, chiefly where the activity turns out not to have been a breach, or where the notice is withdrawn for a reason other than the grant of permission. Few claims succeed, because an authority that was wrong tends to withdraw early.
The offence and how fines are set
Contravening a temporary stop notice is an offence under section 171G, as is causing or permitting the contravention. Conviction brings a fine, unlimited in the magistrates' court, and the court must have regard to any financial benefit that has accrued or appears likely to accrue as a result of the offence. For a developer on a tight programme, that provision is the point. A fine calculated around the value of carrying on is not a cost of doing business.
The offence can be charged by reference to a day or a longer period, so continuing the activity across several weeks can produce more than one conviction. There is a defence where the notice was not served on the defendant and they neither knew nor could reasonably have been expected to know of it, which is one reason authorities are careful about display and service.
What usually follows
A temporary stop notice is a holding measure, so expect the next step within its life. An enforcement notice under section 172 sets out the breach and the steps required, takes effect no earlier than 28 days after service, and can be appealed. A stop notice under section 183 is the heavier tool and can only be served in connection with an enforcement notice. Where the breach is failure to comply with a condition, a breach of condition notice under section 187A has no appeal route at all, and the answer may be simply approving the details the condition asks for. For an urgent or flagrant case, the authority can seek an injunction under section 187B.
The Levelling-up and Regeneration Act 2023 also introduced enforcement warning notices, which invite a retrospective application rather than demand that works be undone. Some authorities use them in preference to prosecution where the development looks acceptable in principle.
The first 48 hours
- Photograph the displayed notice, the reasons and the date, and keep the envelope and any covering letter.
- Compare the activity described in the notice with what is actually happening, and stop only what it names.
- Check who it was served on, because contractors and tenants may not have been served.
- Pull together evidence of when the activity began and how continuously it has run, including invoices, tenancy agreements, utility bills and dated photographs.
- Decide between a retrospective planning application, an application for a certificate of lawfulness under section 191, and a request that the notice be withdrawn. Those routes are not mutually exclusive.
- Take legal advice on judicial review within days, not weeks, because of the promptness requirement.
A retrospective application is often the quickest way out, and it needs the same evidence base as a fresh one, so start scoping the supporting documents that application will need while the notice is still running.
Enter your postcode on PlanScope to see which reports a retrospective application on your site is likely to need.
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
How long does a temporary stop notice last?
The notice states the date it expires, and that date governs. The original cap in section 171E was 28 days, and the Levelling-up and Regeneration Act 2023 raised the maximum in England to 56 days. A notice also ends early if the authority withdraws it or grants permission for the activity, so read the document rather than assuming a period.
Can I appeal a temporary stop notice?
No. Section 171E gives no appeal route to the Planning Inspectorate, which separates these notices from enforcement notices under section 172. Your options are to ask the authority to withdraw it, apply for permission or a lawful development certificate, or challenge the notice by judicial review in the High Court on public law grounds.
Can a temporary stop notice stop someone living in a building?
Section 171F says a temporary stop notice does not prohibit the use of a building as a dwellinghouse. Building works to convert or extend that building are a different activity and can be stopped. Regulations made under the same section prescribe further activities that are outside the power, so check them before assuming the notice is valid.
What happens if I carry on anyway?
Contravening the notice is an offence under section 171G, punishable by a fine, and the court must have regard to any financial benefit that has accrued or is likely to accrue from the breach. The offence can be charged by reference to a period of time, so a continuing breach can attract more than one conviction.
Is compensation ever payable?
Section 171H allows compensation for loss or damage directly attributable to the prohibition, but only in prescribed circumstances. Broadly those cover the case where the activity was not a breach of planning control after all, or where the authority withdraws the notice for a reason other than granting permission. Claims are subject to a time limit set by regulations.
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.