141Compensation for denial of access

141 Compensation for denial of access (1) Subject to subsection (2), the Authority is liable to pay compensation in accordance with this section if the effect of a decision made under this Division to discontinue, realign or relocate a road is that existing access to any land is denied. (2) Compensation is not payable under this section for the denial of access if— (a) there is adequate existing alternative access to the land; or (b) the Authority provides, or agrees to provide, adequate alternative access to the land; or (c) the Authority has begun compulsory acquisition procedures under the **Land Acquisition and Compensation Act 1986** for the land to which access is denied; or (d) a claim for compensation is not served on the Authority within one year of the making of the decision under this Division. (3) For the purposes of determining whether alternative access to the land is adequate, no regard is to be had as to which stream of traffic has access to the land. (4) Compensation is to be determined on the basis of the diminution in the value of the land to which access is denied as a direct result of the loss of access to that land. (5) Parts 10 and 11 and section 37 of the **Land Acquisition and Compensation Act 1986**, with any necessary modifications, apply to the determination of compensation under this section as if the claim were a claim under section 37 of that Act. (6) Section 127 of the **Road Management Act 2004** does not apply in respect of any matter for which compensation is payable under this Division.