PART 2MONUMENTS OF SPECIAL HISTORIC INTEREST

CHAPTER 5ENFORCEMENT OF CONTROLS RELATING TO SCHEDULED MONUMENTS

Temporary stop notices

I134Compensation for loss or damage caused by temporary stop notice

1

This section applies where—

a

the works specified in a temporary stop notice do not, at the time the notice takes effect, involve a breach of section 11 (requirement for works to be authorised) or of a condition subject to which scheduled monument consent has been granted, or

b

the Welsh Ministers withdraw a temporary stop notice after it has taken effect.

2

This section does not apply by virtue of subsection (1)(b) where—

a

scheduled monument consent is granted for the works specified in the temporary stop notice after the notice has taken effect, and

b

the Welsh Ministers withdraw the notice after the grant of that consent.

3

Any person who has an interest in the monument or land to which the notice relates‍ at the time the notice takes effect is entitled, on making a claim to the Welsh Ministers, to be paid compensation by them for any loss or damage suffered by the person that is directly attributable to the effect of the notice.

4

The loss or damage for which compensation is payable includes any amount payable by the claimant in respect of a breach of contract caused by taking action necessary to comply with the notice.

5

No compensation is payable under this section for loss or damage that the claimant could have avoided by—

a

providing information that the claimant was required to provide by an information notice served by the Welsh Ministers under section 197, or

b

co-operating with the Welsh Ministers in any other way when responding to such a notice.

6

A claim for compensation under this section must be made in writing within 6 months beginning—

a

in a case falling within subsection (1)(a) but not within subsection (1)(b), with the day the temporary stop notice takes effect;

b

in a case falling within subsection (1)(b), with the day the notice is withdrawn.