Commentary on Sections Part 2 — Monuments of special historic interest Chapter 5 — Enforcement of controls relating to scheduled monuments Section 34 — Compensation for loss or damage caused by temporary stop notice
129.Section 34 provides that any person with an interest in a monument or land to which a temporary stop notice relates may be entitled to compensation from the Welsh Ministers for loss or damage directly attributable to the effect of a temporary stop notice.
130.Subsection (1) provides that compensation is only payable where:
However, subsection (2) further provides that no compensation is payable if the Welsh Ministers withdraw a notice after granting a scheduled monument consent that will allow the works specified in the notice to proceed.
131.Subsection (5) also excludes any claim for loss or damage that might have been avoided if the claimant had provided information required by the Welsh Ministers regarding interests in the land under section 197 or had otherwise cooperated with the Welsh Ministers.
132.Sections 202 and 203 make additional provisions about claims for compensation under this Act (see paragraph 45 above).