Planning (Listed Buildings and Conservation Areas) Act 1990

[F144DTemporary stop notices: compensationE+W

(1)A person who, on the day when a temporary stop notice is first displayed in accordance with section 44B(5), has an interest in the building is, on making a claim to the local planning authority within the prescribed time and in the prescribed manner, entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the notice.

(2)But subsection (1) applies only if—

(a)the works specified in the notice are not such as to involve a contravention of section 9(1) or (2); or

(b)the authority withdraws the notice other than following the grant of listed building consent, after the day mentioned in subsection (1), which authorises the works.

(3)The loss or damage in respect of which compensation is payable under this section includes a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the notice.

(4)No compensation is payable under this section in the case of loss or damage suffered by a claimant if—

(a)the claimant was required to provide information under a relevant provision; and

(b)the loss or damage could have been avoided if the claimant had provided the information or had otherwise co-operated with the planning authority when responding to the notice.

(5)In subsection (4)(a), each of the following is a relevant provision—

(a)section 16 of the Local Government (Miscellaneous Provisions) Act 1976;

(b)section 330 of the principal Act.]

Textual Amendments