The Land Development Control Authority may serve a Stop Notice in respect to an illegal development of land, by prohibiting any person from carrying out or continuing any specific operation on the land. Generally the Authority may proceed in the following manner in the event that a developer is in breach of the Land Development Control Act: -
The Authority may issue a Stop Notice, which has immediate effect; or
The Authority may also serve an Enforcement Notice. However, the Enforcement Notice expires after twenty- eight (28) days.
An Enforcement Notice provides an opportunity for the developer to make amendments or corrections to the development. However, depending on the nature of the development, or how critical it is to the community, the Authority may issue a Stop Notice. Both Notices (Stop & Enforcement Notices) can be served simultaneously; it depends on the seriousness of the crime that is being committed or the offence that is being committed.
An Enforcement or Stop Notice can be served on: -
The owner of the land,
The occupier of the land.