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To issue a
Temporary Stop Notice in relation to Land at Turnpike Road, Motcombe,
requiring residential use of the land to cease. 

 

This
decision is taken under delegated powers, as set out in paragraph 145 of the
Officer Scheme of Delegation in the Council’s Constitution. These delegated
powers have been passed to the Service Manager for Development Management and
Enforcement through the Local Scheme of Nomination for Planning Services –
Executive Director of Place (dated 9 October 2023).  

 

Paragraph
145 of the Officer Scheme of Delegation provides the following delegated
powers: 

 

To
undertake all action in order to regulate any actual,
perceived or potential breach of any of the Town and Country Planning
Legislation including: … (c) to determine whether to issue any notice
including: … (vi) any temporary stop notice ..
provided that this delegation does not include the power to make a final
determination to: 

(i) seek any injunction and/or any make any application for
contempt whether pursuant  

to the
Town and Country Planning Act 1990 or otherwise; or 

(ii)
issue a stop notice; or  

(iii)
issue a temporary stop notice 

unless: 

(A) in
his/her opinion the need to issue a stop notice or temporary stop notice is urgent; 

(B) in
respect of an application for an injunction or contempt there is the prior
approval of the Director, Legal and Democratic Services; and 

(C) any
cost associated with the issue of the stop notice or temporary stop notice can
be met from a budget available for such a purpose and/or the prior approval of
the Section 151 Officer is obtained. 

 

In this
case, I consider that the issuing of a temporary stop notice is urgent as
advice received from the Highways Team indicates that the site access is not
safe for the unauthorised
residential use. The serving of a temporary stop notice carries a risk of a
compensation claim against the Council. National Planning Practice Guidance
sets out that compensation is only payable in certain circumstances. In this
case, a review of the site’s planning history confirms that there are no
planning permissions for residential use, and there is no evidence that a residential use has existed continuously for ten years
(and hence would be immune from enforcement action). As such, the risk of
compensation needing to be paid is considered to be
small. The Section 151 officer (Sean Cremer) has confirmed their approval for
the serving of the Temporary Stop Notice, in line with the requirement set out
in Paragraph 145 of the Officer Scheme of Delegation. 

 

Reasons for the decision

It appears
to the Council that the material change of use of the land to residential use
has occurred recently (and within the last 10 years) and is not immune from
enforcement action. The unauthorised residential use
of the land conflicts with paragraph 115 of the NPPF which states that safe and
suitable access to the site can be achieved for all users. It would also
conflict with paragraph 116 of the NPPF which states that development should
only be prevented or refused on highways grounds if there would be an
unacceptable impact on highway safety. It is considered that in this case the
impact on highway safety would conflict with the provisions of the NPPF as the
site access is not safe in terms of the unauthorised
residential use.   

 

The Human
Rights of the occupiers, and the Council’s duties under the Equalities Act
2010, have been considered. In this case, the issuing of a Temporary Stop
Notice requiring the unauthorised residential use to
cease is considered appropriate and proportionate having regard to the harm
caused by the breach of planning control in relation to highways safety. 

 

Alternative options considered

A formal
letter was served on the occupants of the site on 25
July 2025, advising that the land does not have planning permission for
residential use, and that the occupiers were required to leave the land
immediately. However, this has not resolved the situation and at this time the breach is ongoing. 

 

An
alternative option would be to serve a Stop Notice with an Enforcement Notice.
However, this will take additional time to prepare. The serving of a Temporary
Stop Notice (which will cover a period of 56 days) enables the Council to take action promptly to address the breach and allows time
for further information to be gathered to inform a potential Stop Notice and
Enforcement Notice. 

 

There is
also an alternative option to seek an Injunction via the Courts, to prevent
residential use of the land. This is not considered appropriate at this stage
because the breach can be addressed via the Temporary Stop Notice (and
potential Stop Notice and Enforcement Notice). An Injunction can be considered at a later date, if the breach continues.