Article 34 Compensation in respect of certain measures taken under Part IIII1

The provisions of this article have effect where, in compliance with a direction under article 16 of this Order or in compliance with an enforcement notice, the person to whom the direction was given or on whom the notice was served takes any measures consisting of the construction, execution, alteration, demolition or removal of a building or other works on land either within or outside the tunnel system.

If the value of any interest in that land to which a person is entitled is depreciated in consequence of the taking of those measures, or the person having such an interest suffers loss in consequence of them by being disturbed in his enjoyment of any of that land, he is entitled to compensation equal to the amount of the depreciation or loss.

If any land other than the land on which the measures are taken is injuriously affected by the taking of those measures, any person having an interest in that other land who suffers loss in consequence of its being injuriously affected is entitled to compensation equal to the amount of the loss.

Any compensation to which a person is entitled under this article shall be payable to him by the person by whom the measures in question were taken.

The provisions of Schedule 2 to this Order have effect for the purposes of this article and paragraphs (1) to (4) above have effect subject to the provisions of that Schedule.