18(1)No compensation shall be payable under subsection (2) of the said section thirty-two for any year for which the owner of the relevant land is entitled to compensation under subsection (2) of section thirty-one of this Act in respect of a right to which this paragraph applies.E+W+S
(2)This paragraph applies to any right which fulfils the following conditions, that is to say,—
(a)that it is a right restrictive of the use of the whole or part of the land comprised in the compulsory rights order in question;
(b)that the benefit of the right is annexed to the relevant land, or to that land together with other land, or (if the benefit of the right is not so annexed) that the right is exercisable by a person who is the owner of the relevant land; and
(c)that the exercise of the right, in relation to any land comprised in the order, could (apart from the order) have prevented that land from being used for the [F1activities which, in relation to the opencast planning permission referred to in the order, constitute the permitted activities.]
Textual Amendments
F1Words substituted by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(3), Sch. 8 para. 16