Special Roads Act 1949

7 Private rights of access

(1) An order under section three of this Act may authorise the special road authority—

(a) to stop up any private means of access to premises abutting on or adjacent to land comprised in the route of the special road or forming the site of any works authorised by the order or any previous order made under the said section three ;

(b) to provide new means of access to any such premises as aforesaid :

Provided that no order authorising the stopping-up of any private means of access to premises shall be made or confirmed by the Minister by virtue of paragraph (a) of this subsection unless the Minister is satisfied either that no access to the premises is reasonably required or that other reasonably convenient means of access to the premises are available or will be provided in pursuance of an order made by virtue of paragraph (b) of this subsection.

(2) Where access to any premises has been stopped up in pursuance of an order made by virtue of this section or is limited by virtue of the restrictions imposed under this Act on the use of the special road, and any person has suffered 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 shall be entitled to recover from the special road authority compensation in respect of that damage :

Provided that in assessing such compensation regard shall be had to any new means of access provided by the special road authority.

(3) Any expenses incurred under this section by a local highway authority shall be deemed for the purposes of the Development and Road Improvement Funds Act, 1909, to be incurred in the construction of the road.