Highways Agency

LAND COMPENSATION ACT 1973 (AS AMENDED) M6 TOLL

1. The Secretary of State for Transport hereby gives notice that the new length of highway described in the Schedule below was first open to public traffic on 9 December 2003. That date is known as the “relevant date”. 2. Under Part I of the Land Compensation Act 1973 (as amended) (from now on referred to as the Act), compensation can be claimed by anyone having a qualifying interest in land (see paragraphs 7 and 8 to this notice) if the value of that interest has been depreciated by more than £50 by physical factors caused by the use of the new highway. The physical factors are noise, vibration, smell, fumes, smoke and artificial lighting and the discharge on to the land of any solid or liquid substance. 3. The first day on which compensation can be claimed is the day after 12 months have expired from the relevant date and is known as the “first claim day”. The first claim day for this new highway is 10 December 2004. 4. Anyone who, after the first claim day, intends to sells his/her interest in the property or, in the case of properties that are not dwellings, to grant a tenancy, must make a claim before a contract to sell or grant a lease is made. The Secretary of State cannot accept a claim after a contract to sell or grant a lease has been made. 5. By virtue of section 19(2A) of the Act and under the Limitations Act 1980, a claim will become time-barred if within 6 years from and including the first claim day the claimant has not: (a) Agreed in writing an offer of compensation (including any reasonable valuation and legal expenses) made by the Secretary of State in writing; or (b) If agreement is not so reached, made a reference to the Lands Tribunal to have it determine the compensation. Where a claim has become time-barred under the Limitations Act 1980, the Secretary of State can no longer be required to pay compensation. 6. No compensation can be claimed under Part I of the Act where part of the property was acquired for the construction of the new highway. Instead, compensation for land acquired is paid under different rules. 7. To claim compensation under Part I of the Act, a qualifying interest in the land must have been acquired before the new highway was first open to public traffic. The qualifying interest must also be held by the claimant at the date of making a claim. The claimant must be able to produce evidence of his/her interest in the property when required to do so by the Secretary of State. Compensation will not be paid where a claimant’s qualifying interest in the property cannot be verified. 8. Interests in land qualifying for compensation are specified in Section 2 of the Act. They are: (a) For dwellings, the interest must be that of an owner by virtue of owning the freehold or a tenancy with at least three years left to run at the time of making the claim. Where the interest carries the right to occupy the property, the claimant must do so as his residence. (b) For agricultural units, the interest must be that of an owner-occupier, that is, a person who occupies the whole of the unit and owns the freehold or a tenancy with at least three years left to run at the time of making the claim in the whole or any part of the unit. (b) For other property that is not a dwelling or an agricultural unit, the interest must be that of an owner-occupier, that is, a person who occupies the whole or substantial part of the property by virtue of owning the freehold or a tenancy with at least three years left to run at the time of making the claim. The property must have an annual value that does not exceed £24,600 (this figure may be updated by Order from time to time). 9. Special provisions under the Act apply to claims where the land is subject to a mortgage, where there are persons entitled under trusts or settlements or by inheritance and where there are tenants entitled to enfranchisement or extension under the Leasehold Reform Act 1967. 10. Compensation is assessed by reference to property prices that are current on the first claim day. Account will be taken of the use of the (new) highway, as it exists on the first claim day. Account will also be taken of any intensification that may then reasonably be expected of the use of the (new) highway in the state it is on the first claim day. 11. Anyone having a qualifying interest who considers they have a claim under the Act can obtain further information and a claim form from the Part I Compensation Team, Highways Agency, Room C2, 5 Broadway, Broad Street, Birmingham B15 1BL, by telephoning 0121 687 4141 or by e-mail at Lands Birm@highways.gsi.gov.uk 12. This notice contains a summary of the law. It is not intended to be a complete and full statement of it. Anyone intending to make a claim should consider obtaining independent professional advice. E Holloway, Higher Executive Officer, Highways Agency The Schedule M6 Toll (formerly known as Birmingham Northern Relief Road). The M6 Toll is a 27 mile-long dual three lane motorway bypass in the West Midlands conurbation. The M6 Toll connects at its northern end with the M6 at a new junction north of junction 11. The route the M6 Toll follows is that of the existing road corridors of the A5, A38 and A446 passing through the counties of Staffordshire, West Midlands and Warwickshire, connecting at its southern end with the M6 just east of junction 4 at Coleshill.