sec.73Compensation

### sec.73 Compensation This section applies if a decision under section 62 (1) has the effect that all access between a State-controlled road and particular adjacent land is prohibited and— there is— no practical alternative road access location for the land, that is, the land becomes effectively landlocked; and no previous decision in force under section 62 (1) under which the land was effectively landlocked; or there is a permitted road access location between the land and the road, and paragraph (a) does not apply. This section also applies if a decision under section 62 (1) has the effect of changing in substance the effect of a previous decision in force under section 62 (1) about anything mentioned in section 62 (1) (a) to (c) other than in a way that has the effect mentioned in subsection (1) . However, this section only applies if the owner or occupier claiming compensation is adversely affected by the decision and— an agreement can not be reached with the chief executive under section 72 ; or the chief executive decides it is not practicable to take action under section 72 . The owner or occupier may recover as a debt from the chief executive compensation for the diminution in value because of the prohibition or change. To remove doubt, it is declared that— in deciding compensation, access to and from the land that could be made available at other locations must be taken into account; and compensation is not payable to the extent that the diminution in value is attributable to a prohibition or change that affects— the supply of access to and from a traffic stream; or road works mentioned in paragraph (b) of the definition road access works . s 73 sub 2000 No. 6 s 17 (sec.73-ssec.1) This section applies if a decision under section 62 (1) has the effect that all access between a State-controlled road and particular adjacent land is prohibited and— there is— no practical alternative road access location for the land, that is, the land becomes effectively landlocked; and no previous decision in force under section 62 (1) under which the land was effectively landlocked; or there is a permitted road access location between the land and the road, and paragraph (a) does not apply. (sec.73-ssec.2) This section also applies if a decision under section 62 (1) has the effect of changing in substance the effect of a previous decision in force under section 62 (1) about anything mentioned in section 62 (1) (a) to (c) other than in a way that has the effect mentioned in subsection (1) . (sec.73-ssec.3) However, this section only applies if the owner or occupier claiming compensation is adversely affected by the decision and— an agreement can not be reached with the chief executive under section 72 ; or the chief executive decides it is not practicable to take action under section 72 . (sec.73-ssec.4) The owner or occupier may recover as a debt from the chief executive compensation for the diminution in value because of the prohibition or change. (sec.73-ssec.5) To remove doubt, it is declared that— in deciding compensation, access to and from the land that could be made available at other locations must be taken into account; and compensation is not payable to the extent that the diminution in value is attributable to a prohibition or change that affects— the supply of access to and from a traffic stream; or road works mentioned in paragraph (b) of the definition road access works . - (a) there is— (i) no practical alternative road access location for the land, that is, the land becomes effectively landlocked; and (ii) no previous decision in force under section 62 (1) under which the land was effectively landlocked; or - (i) no practical alternative road access location for the land, that is, the land becomes effectively landlocked; and - (ii) no previous decision in force under section 62 (1) under which the land was effectively landlocked; or - (b) there is a permitted road access location between the land and the road, and paragraph (a) does not apply. - (i) no practical alternative road access location for the land, that is, the land becomes effectively landlocked; and - (ii) no previous decision in force under section 62 (1) under which the land was effectively landlocked; or - (a) an agreement can not be reached with the chief executive under section 72 ; or - (b) the chief executive decides it is not practicable to take action under section 72 . - (a) in deciding compensation, access to and from the land that could be made available at other locations must be taken into account; and - (b) compensation is not payable to the extent that the diminution in value is attributable to a prohibition or change that affects— (i) the supply of access to and from a traffic stream; or (ii) road works mentioned in paragraph (b) of the definition road access works . - (i) the supply of access to and from a traffic stream; or - (ii) road works mentioned in paragraph (b) of the definition road access works . - (i) the supply of access to and from a traffic stream; or - (ii) road works mentioned in paragraph (b) of the definition road access works .