35.—(1) Where, in consequence of the coming into operation of an access order,—
(a)the value of the interest of any person in land is depreciated, or
(b)any person has suffered damage by being disturbed in his enjoyment of land,
the district council shall pay to that person compensation equal to the amount of the depreciation or damage.
(2) Nothing in paragraph (1) shall confer on a person a right to compensation for depreciation of the value of an interest in land or for disturbance in his enjoyment of land, being land which in either case is not comprised in the order or if so comprised is excepted land, except if and in so far as either—
(a)it is held with land comprised in the order which is not excepted land, or
(b)the omission of any other person to exclude the public from the land comprised in the order or any part of that land would have been actionable at the instance of the first-mentioned person if the access order had not come into operation.