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Section 171H Temporary stop notice: compensationF1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies if and only if a temporary stop notice is issued and at least one of the following paragraphs applies—

(a)

the activity which is specified in the notice is authorised by planning permission or F2by a development order, a local development order or a neighbourhood development order;

(b)

a certificate in respect of the activity is issued under section 191 or granted under that section by virtue of section 195;

(c)

the authority withdraws the notice.

(2)

Subsection (1)(a) does not apply if the planning permission is granted on or after the date on which a copy of the notice is first displayed as mentioned in section 171E(6).

(3)

Subsection (1)(c) does not apply if the notice is withdrawn following the grant of planning permission as mentioned in subsection (2).

(4)

A person who at the time the notice is served has an interest in the land to which the notice relates is entitled to be compensated by the local planning authority in respect of any loss or damage directly attributable to the prohibition effected by the notice.

(5)

Subsections (3) to (7) of section 186 apply to compensation payable under this section as they apply to compensation payable under that section; and for that purpose references in those subsections to a stop notice must be taken to be references to a temporary stop notice.

Annotations

Textual amendments

F1

Ss. 171E-171H and cross-heading inserted (6.8.2004 for specified purposes, 7.3.2005 for E. so far as not already in force, 22.6.2015 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 52, s. 121(1)-(3) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2005/204, art. 2; S.I. 2015/340, art. 2(c)

F2

Words in s. 171H(1)(a) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 17; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11)

Notes on Part VII

Modifications

C1

Pt. VII (ss. 172-196C) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. VII (ss. 172-196C) applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

C2

Pt. 7 modified (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), regs. 1, 19(2)

C3

Pt. 7 applied (with modifications) (4.7.2023) by The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 (S.I. 2023/753), regs. 1(1), 41, Sch. (as amended (E.) (25.4.2024) by The Levelling-up and Regeneration Act 2023 (Consequential Amendments) (No. 2) (England) Regulations 2024 (S.I. 2024/453), regs. 1(2), 4(2))