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The Environmental Permitting (England and Wales) Regulations 2010

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Loss and damage for which compensation is payable

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3.—(1) Subject to paragraph 6(3) and (5)(b), compensation is payable for loss and damage of the following descriptions—

(a)depreciation in the value of any relevant interest to which the grantor is entitled which results from the grant of the rights;

(b)depreciation in the value of any other interest in land to which the grantor is entitled which results from the exercise of the rights;

(c)loss or damage, in relation to any relevant interest to which the grantor is entitled, which—

(i)is attributable to the grant of the rights or the exercise of them,

(ii)does not consist of depreciation in the value of that interest, and

(iii)is loss or damage for which the grantor would have been entitled to compensation by way of compensation for disturbance if the circumstances specified in sub-paragraph (2) applied;

(d)damage to, or injurious affection of, any interest in land to which the grantor is entitled which—

(i)is not a relevant interest, and

(ii)results from the grant of the rights or the exercise of them;

(e)loss in respect of work carried out by or on behalf of the grantor which is rendered abortive by the grant of the rights or the exercise of them.

(2) For the purpose of sub-paragraph (1)(c)(iii), the circumstances are that the relevant interest was acquired compulsorily—

(a)under the Acquisition of Land Act 1981(1); and

(b)in pursuance of a notice to treat served on the date on which the rights were granted.

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