Other Notices

Land Compensation Act 1973LAND COMPENSATION ACT 1973Leasehold Reform Act 1967-1.91791952.474096B15 1BL2006-08-252005-08-242005-11-01B151BLThe City of BirminghamTSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211, customer.services@tso.co.uk57802102102

Highways Agency

LAND COMPENSATION ACT 1973 (AS AMENDED)
A5 WEEFORD-FAZELY IMPROVEMENT SCHEME

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 24 August 2005. 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 25 August 2006. Except for the circumstance described in paragraph 4 to this notice, a claim cannot be made before the first claim day. 4. A claim can be made during the period between the relevant date and the first claim day only where the claimant has made a contract to sell his or her interest in the property or, in the case of properties that are not dwellings, to grant a tenancy. The claim must be made between the making of the contract and before the sale is completed or the tenancy granted. The Secretary of State cannot accept a claim after the sale or grant of a tenancy has been completed. No compensation in respect of such a claim will be paid before the first claim day. 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 and carrying out of the alterations to the 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 or 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 3 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 or her 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 3 years left to run at the time of making the claim in the whole or any part of the unit. (c) 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 3 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 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 and altered 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 1 Team, Highways Agency, Room C2, 5 Broadway, Broad Street, Birmingham B15 1BL, or by telephoning 0121 687 4141 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. D Field, Head of Branch Room C2, 5 Broadway, Broad Street, Birmingham B15 1BL. Schedule The A5 Weeford—Fazeley providing a new 2 lane dual carriageway between the A5/A38 junction at Weeford Island and the Fazeley—Two Gates—Wilncote Bypass with amendment to the A38 to run underneath the existing Weeford Island roundabout to form a new two-level (grade separated) junction.