Commentary on Sections Part 3 – Dealing With Tip Instability and Threats to Tip Stability Overview of Chapter Section 50 – Compensation for damage, loss or disturbance etc
197.Section 50 gives the persons listed in subsection (3) an entitlement to compensation from either the owner of the land or the Authority in certain circumstances.
198.Subsections (1) and (2) set out the circumstances in which a person is entitled to compensation. Compensation may only be claimed where operations or consequential works of reinstatement have been carried out in accordance with Part 3 or where the Authority has carried out investigations to determine whether operations are needed. If, as a result of operations under section 35 or 44 or reinstatement works carried out in consequence of such operations, land is damaged, other property is damaged, removed or disposed of or any person's enjoyment of any land is disturbed, the persons listed in subsection (3) are entitled to compensation. If as a result of investigations under section 55, land or other property is damaged or any person’s enjoyment of land is disturbed, the persons listed in subsection (3) are entitled to compensation.
199.An owner of land is not entitled to compensation under this section for damage, removal, loss or disturbance resulting from operations carried out by them or by a previous owner of the land.
200.Disputes about claims for compensation under this section are to be determined by the court (defined in section 90 as the High Court or the county court).
201.Schedule 2 has effect in relation to certain claims for compensation under this section. See the notes at paragraphs 127 to 134 above in relation to Schedule 2.