Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

166 Compensation for loss due to stop notice. S

(1) Where a stop notice under section 87 of this Act ceases to have effect, a person who, at the time when it was first served, had an interest [F1 , whether as owner or occupier or otherwise,] in the land to which it relates shall, [F2 subject to the provisions of this section,], be entitled to be compensated by the. . . F3 planning authority in respect of any loss or damage directly attributable to the prohibition contained in the notice [F4 or, in a case to which subsection (2)(b) of this section applies, the prohibition of such of the activities prohibited by the stop notice as cease to be relevant activities].

(2) A person shall be entitled to compensation under subsection (1) of this section in respect of a prohibition contained in a stop notice in any of the following circumstances:—

[F5 (a) the enforcement notice is quashed on grounds other than those mentioned in paragraph (a) of section 85(1) of this Act;

(b) the enforcement notice is varied (otherwise than on the grounds mentioned in that paragraph) so that any activity the carrying out of which is prohibited by the stop notice ceases to be a relevant activity within the meaning of section 87(2) of this Act;]

(c) the enforcement notice is withdrawn by the. . . F3 planning authority otherwise than in consequence of the grant by them of planning permission for the development to which the notice relates F6 . . .;

(d) the stop notice is withdrawn.

(3) A prohibition in a stop notice shall be treated for the purposes of subsection (2) of this section as dependent on an allegation in an enforcement notice if and to the extent that the [F7 activity] to which the prohibition in the stop notice relates are the same as those alleged in the enforcement notice to constitute a breach of planning control or are so closely associated therewith as to constitute substantially the same [F7 activity].

(4) A claim for compensation under this section shall be made to the. . . F3 planning authority within the time and in the manner prescribed by regulations under this Act.

(5) The loss or damage in respect of which compensation is payable under this section in respect of a prohibition shall include a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition. . . F8 .

[F9 (6) No compensation is payable under this section—

(a) in respect of the prohibition in a stop notice of any activity which, at any time when the notice is in force, constitutes or contributes to a breach of planning control; or

(b) in the case of a claimant who was required to provide information under section 83C, 83D or 270 of this Act in respect of any loss or damage suffered by him which could have been avoided if he had provided the information or had otherwise co-operated with the planning authority when responding to the notice.]

Textual Amendments

F1 Words inserted by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 5(2)(a)

F2 Words in s. 166(1) substituted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 29(a) (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2.

F3 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F4 Words in s. 166(1) inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 29(b) (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2.

F5 S. 166(2)(a)(b) substituted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 30(a) (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2.

F6 Words in s. 166(2)(c) repealed (26.3.1992) by Planning and Compensation Act 1991 (c.34, SIF 123:2), ss. 61, 84(6), Sch. 13, para. 30(b), Sch. 19, Pt. IV (with s. 84(5)); S.I. 1992/334, art.4, Schs. 1, 2.

F7 Word substituted by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 5(2)(b)

F8 Words repealed by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 5(2)(c)

F9 S. 166(6) substituted (26.3.1992) by Planning and Compensation Act 1991 (c.34, SIF 123:2), s. 41(3) (with s. 84(5)); S.I. 1992/334, art. 4.

Modifications etc. (not altering text)

C1 S. 166 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.