Town and Country Planning (Scotland) Act 1997

[F1144DTemporary stop notices: compensationS

(1)A person who, as at the date on which a temporary stop notice is first displayed in pursuance of section 144A(4), has an interest (whether as owner or occupier or otherwise) in the land to which the notice relates is entitled to be compensated by the planning authority in respect of any loss or damage directly attributable to the prohibition effected by that notice.

(2)But subsection (1) applies only if the circumstances are as set out in at least one of the following paragraphs—

(a)the activity which is specified in the notice is authorised by planning permission granted on or before the date mentioned in that subsection,

(b)a certificate in respect of the activity is issued under section 150 or granted under that section by virtue of section 154,

(c)the authority withdraws the notice other than following such grant of planning permission as is mentioned in paragraph (a).

(3)Subsections (3) to (7) of section 143 apply to compensation payable under this section as they apply to compensation payable under that section; and for the purpose of that application references in those subsections to a stop notice are to be taken to be references to a temporary stop notice.]

Textual Amendments

F1Ss. 144A-144D and cross-heading inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 26(1), 59(2); S.S.I. 2008/411, art. 2(2)(3)(b); S.S.I. 2009/219, art. 2, sch.