127Compensation payable by a road authority in certain circumstances

127 Compensation payable by a road authority in certain circumstances S. 127(1) amended by No. 81/2006 s. 57. (1) This section applies in addition to any other provision of this Act relating to compensation payable by a road authority if the effect of the construction of a freeway or a decision under clause 2 of Schedule 2 is that existing access to any land is denied. (2) Compensation is not payable under this section if— (a) there is adequate existing alternative access to the land; or (b) the road authority provides, or agrees to provide, adequate alternative access to the land; or (c) if a policy was in force under clause 3 of Schedule 2 before a proposed development of the land had commenced and the need for access which has been denied relates to the proposed development; or (d) the road authority has instituted compulsory acquisition procedures under the **Land Acquisition and Compensation Act 1986**; or (e) a claim for compensation is not served on the road authority within one year of the completion of the construction or the making of the decision. (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.