Compensation and Enforcement

AuthorWilliam Webster/Robert Weatherley
Chapter 37

Compensation and Enforcement


37.1 A scheme exists to compensate owners, or former owners, of listed land who have incurred loss or expense which is unlikely to have arisen if the land had not been listed.1Claims for compensation must be made to the local authority, which may award such amount as it may determine for such loss.2Such claims may include a claim for the recovery of any loss which is wholly caused:

(a) by the delay in entering into a binding agreement to sell the land because of the prohibition of relevant disposals3during any part of the period of 6 weeks
(i.e. the interim moratorium period) after the date on which the authority received notification from the owner that he wishes to enter into a relevant disposal of the land (or if earlier, the earliest date on which it would have been reasonable for that notification to have been given to the authority);4or
(b) in a case where the prohibition continues during the 6 months beginning with that date (or such earlier date) (i.e. the full moratorium period), by relevant disposals of the land being prohibited during any part of the relevant 6 months after that date (or such earlier date).5

37.2 A claim may also be made for the owner’s reasonable legal expenses incurred in a successful appeal to the First-tier Tribunal against the authority’s decision: (a) to list the land; (b) to refuse to pay compensation; or (c) with regard to the amount of compensation offered or paid.6

37.3 Claims for compensation must be in writing to the authority and be made before the end of 13 weeks after the loss or expense was incurred or finished being incurred. Claims for compensation must state the amount sought for each part of the claim and be accompanied by supporting evidence.7The authority must also give the claimant written reasons for its decisions with respect to a request for compensation.8

1ACV Regulations, reg 14.

2ACV Regulations, reg 14(1).

3LA 2011, s 95(1).

4LA 2011, s 95(2) and ACV Regulations, reg 14(3)(a)(i) and (4).

5ACV Regulations, reg 14(3)(a)(ii).

6ACV Regulations, reg 14(3)(b).

7ACV Regulations, reg 14(5).

8ACV Regulations, reg 14(6).

368 Restrictions on the Use of Land

37.4 It seems plain that most claims for compensation will arise from the mere fact that the moratorium rules have been engaged. However, the Regulations are so framed that claims for loss may arise simply as a result of the land being...

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