sec.381Compensation of person in actual occupation for interference with enjoyment of land

### sec.381 Compensation of person in actual occupation for interference with enjoyment of land A person is entitled to compensation if— the person is in actual occupation of land (the relevant land ) when the establishment of light rail transport infrastructure on light rail land (the infrastructure ) is happening or when it is completed; and the establishment of the infrastructure is a cause of interference with access (the access interference ) for the relevant land; and the access interference is a cause of interference (the enjoyment interference ) with the person’s enjoyment of the relevant land. Subsection (1) applies only if— either of the following applies— the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and the practical effect of the access interference is substantially greater in nature and extent than the practical effects of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and the practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the infrastructure. The amount of compensation is an amount fairly representing, in the particular circumstances— if the person is in occupation of the relevant land at any time during the establishment of the infrastructure—the reasonable cost to the person of the enjoyment interference during the establishment; and if the person is in occupation of the relevant land when the establishment of the infrastructure is completed—the reasonable cost to the person of the enjoyment interference, starting from when the establishment of the infrastructure is completed. In calculating the compensation, no regard is to be had to the reduction in the market value of an interest the person may have in the relevant land. s 381 ins 2000 No. 40 s 13 (sec.381-ssec.1) A person is entitled to compensation if— the person is in actual occupation of land (the relevant land ) when the establishment of light rail transport infrastructure on light rail land (the infrastructure ) is happening or when it is completed; and the establishment of the infrastructure is a cause of interference with access (the access interference ) for the relevant land; and the access interference is a cause of interference (the enjoyment interference ) with the person’s enjoyment of the relevant land. (sec.381-ssec.2) Subsection (1) applies only if— either of the following applies— the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and the practical effect of the access interference is substantially greater in nature and extent than the practical effects of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and the practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the infrastructure. (sec.381-ssec.3) The amount of compensation is an amount fairly representing, in the particular circumstances— if the person is in occupation of the relevant land at any time during the establishment of the infrastructure—the reasonable cost to the person of the enjoyment interference during the establishment; and if the person is in occupation of the relevant land when the establishment of the infrastructure is completed—the reasonable cost to the person of the enjoyment interference, starting from when the establishment of the infrastructure is completed. (sec.381-ssec.4) In calculating the compensation, no regard is to be had to the reduction in the market value of an interest the person may have in the relevant land. - (a) the person is in actual occupation of land (the relevant land ) when the establishment of light rail transport infrastructure on light rail land (the infrastructure ) is happening or when it is completed; and - (b) the establishment of the infrastructure is a cause of interference with access (the access interference ) for the relevant land; and - (c) the access interference is a cause of interference (the enjoyment interference ) with the person’s enjoyment of the relevant land. - (a) either of the following applies— (i) the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; (ii) the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and - (i) the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; - (ii) the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and - (b) the practical effect of the access interference is substantially greater in nature and extent than the practical effects of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and - (c) the practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the infrastructure. - (i) the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; - (ii) the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and - (a) if the person is in occupation of the relevant land at any time during the establishment of the infrastructure—the reasonable cost to the person of the enjoyment interference during the establishment; and - (b) if the person is in occupation of the relevant land when the establishment of the infrastructure is completed—the reasonable cost to the person of the enjoyment interference, starting from when the establishment of the infrastructure is completed.