OpenLegislation

Section 285 Compensation where private means of access is stopped upI1

England and Wales Not yet in force

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

(1)

This section applies where a highway authority stops up a means of access to land in pursuance of provision made under section 284.

(2)

Any person is entitled, on making a claim to the highway authority, to be paid compensation by the authority for any damage suffered by the person in consequence of the stopping up—

(a)

by depreciation of the value of an interest to which the person is entitled in the land, or

(b)

by being disturbed in the enjoyment of the land.

(3)

A claim for compensation under this section must be made in writing within 12 months beginning with the day the order under section 281 comes into force.

(4)

In determining the amount of compensation payable under this section, regard must be had to any new means of access to the claimant’s land provided by the highway authority.

(5)

A person who is entitled to compensation in respect of any matter under this section is not entitled to compensation in respect of the same matter under any other enactment.

Annotations

Commencement

I1

S. 285 not in force at Royal Assent, see s. 409(2)