Revised Laws of Saint Lucia (2021)

39.   Stop notices

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    (1)   Where the Head of the Physical Planning and Development Division has served an enforcement notice in respect of any land, the Head of the Physical Planning and Development Division may also serve a stop notice in respect of that land, prohibiting any person on whom it is served from carrying on or continuing any specified operations on the land which are alleged in the enforcement notice to have been carried out without permission or in breach of the conditions subject to which permission was granted, or are so closely associated with those operations as to constitute substantially the same operations.

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    (2)   A stop notice served under subsection (1) must contain a reference to, and have annexed to it a copy of, the enforcement notice served in respect of the development to which the stop notice relates.

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    (3)   A stop notice may be served by the Head of the Physical Planning and Development Division on any person who appears to have an interest in the land to which it relates or to be concerned with the carrying out of any operations thereon.

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    (4)   A stop notice shall take effect on its date of service and, without prejudice to the provisions of subsection (6), shall cease to have effect when—

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      (a)     permission is granted for the retention of the development to which the enforcement notice relates; or

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      (b)     the enforcement notice to which the stop notice relates is revoked by the Head of the Physical Planning and Development Division or quashed by the Appeals Tribunal or the Court of Appeal; or

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      (c)     the Head of the Physical Planning and Development Division enters upon the land under section 40.

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    (5)   A stop notice shall not be invalid by reason that the enforcement notice to which it relates was not properly served on the owner and occupier of the land as required by section 37, if it is shown that the Head of the Physical Planning and Development Division took all such steps as were reasonably practicable to effect proper service.

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    (6)   The Head of the Physical Planning and Development Division may at any time revoke a stop notice without prejudice to the power to serve another stop notice in respect of the same alleged breach of the provisions of this Act.

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    (7)   Where a stop notice is revoked under subsection (6), the Head of the Physical Planning and Development Division shall serve notice of the revocation on every person on whom the stop notice was served.

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    (8)   A person who at the time a stop notice was served had an interest in the land to which it relates is entitled to compensation in respect of any loss or damage, including any sum payable for breach of contract, directly attributable to compliance with the prohibition contained in the stop notice, where the stop notice ceases to have effect in any of the following circumstances—

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      (a)     the enforcement notice to which the stop notice refers is quashed on the grounds specified in section 38(2)(a);

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      (b)     the enforcement notice to which the stop notice refers is revoked by the Head of the Physical Planning and Development Division otherwise than in consequence of the grant of permission for the development of land to which it relates or for its retention or continuation without compliance with the condition or limitation subject to which it was permitted, as the case may be; or

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      (c)     the stop notice is revoked.