Statutory Instruments
2005 No. 206
TOWN AND COUNTRY PLANNING, ENGLAND
Town and Country Planning (Temporary Stop Notice)(England) Regulations 2005
Made
3rd February 2005
Laid before Parliament
10th February 2005
Coming into force
7th March 2005
The First Secretary of State, in exercise of the powers conferred by section 171F of the Town and Country Planning Act 1990( 1 ), hereby 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) Regulations 2005 and shall come into force on 7th March 2005.
(2) These Regulations apply in relation to England only.
Circumstances in which temporary stop notice does not prohibit stationing of caravan
2. —(1) The stationing of a caravan on any land in the circumstances specified in paragraph (2) is prescribed for the purposes of section 171F(1)(b) of the Town and Country Planning Act 1990.
(2) The circumstances are that—
(a) the caravan is stationed on the land immediately before the issue of the temporary stop notice; and
(b) 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 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.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State, Office of the Deputy Prime Minister
3rd February 2005
1990 c. 8 . Sections 171A to 171D were inserted by sections 1and 4 of the Planning and Compensation Act 1991 (c. 34) . Section 171F of the Town and Country Planning Act 1990 was inserted, with section 171E and other sections not relevant to these Regulations, 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 definition of “prescribed”.