PART 2

MONUMENTS OF SPECIAL HISTORIC INTEREST
CHAPTER 5

ENFORCEMENT OF CONTROLS RELATING TO SCHEDULED MONUMENTS

Temporary stop notices

Compensation for loss or damage caused by temporary stop notice
34
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in a case falling within subsection (1)(b), with the day the notice is withdrawn.