126 Provisions supplementary to sections 124 and 125 etc.E+W
(1)Where—
(a)an order under section 124 above, or
(b)an order, by virtue of section 125 above, under section 14 or 18 above or under [F1section 248 of the Town and Country Planning Act 1990],
authorises a highway authority to stop up a private means of access to any premises, then, notwithstanding anything in section 80(3) above, that authority may stop up the access in any way that seems to them appropriate, but not, if the order in question is under section 124 above, so as to obstruct any highway.
(2)Where a means of access to any premises—
(a)is stopped up in pursuance of any such order as is specified in subsection (1) above, or
(b)is limited by virtue of any restrictions imposed on the use (including the crossing) of a special road under Part II of this Act, or by section 13 of the M1Road Traffic Regulation Act 1967, or by regulations made under that section,
and any person suffers damage in consequence thereof by the depreciation of any interest in the premises to which he is entitled or by being disturbed in his enjoyment of the premises he is entitled to recover compensation in respect of that damage from the appropriate authority.
(3)The appropriate authority for the purpose of subsection (2) above in cases falling within paragraph (a) of that subsection is the highway authority authorised by the order to stop up the means of access and in cases falling within paragraph (b) of that subsection is the special road authority.
(4)Where any person is entitled to compensation in respect of any matter under subsection (2) above he is not entitled to recover compensation in respect of the same matter under any other enactment.
Textual Amendments
F1Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(9)
Marginal Citations