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Compulsory Purchase

A client had about 400 square yards of land acquired as part of a road improvement scheme; he operated a haulage business from the site and lived in a house situated on the other side of the road. There was no land acquired from the residential property. The acquisition affected the main access to the site and made it difficult for articulated vehicles to access the main site area during the works; the nature of the proposed works would also make access to and from the site dangerous for articulated vehicles.

Compensation for the land taken was modest; however there was a significant claim for disturbance compensation and loss of profits. Alternative premises were rented during the works, the costs of finding and using those premises was part of the claim. Accommodation works included the provision of a set-back access and egress from the property, a new entrance and driveway together with replacement fencing and signage. An argument for betterment and reduction of the compensation payable was defeated subsequently a claim was made in relation to the residential property opposite under part 1 of the Land Compensation Act 1973.
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