Highways Agency

Trunk Road Proposals and Your Home

Introducing the Highways Agency

Lawrie Haynes We are the Highways Agency, an executive agency of the Department of Transport. We were set up in April 1994 by the Secretary of State for Transport, to manage, maintain and improve England's 6,500 miles of motorway and trunk roads. Our role is to make sure the network is safe, efficient, reliable and environmentally acceptable.

The map on page 10 shows all the trunk roads and motorways in England. Other roads in England are managed by the relevant local authority. The Welsh Office, Scottish Office and Department of the Environment (Northern Ireland) look after roads in their countries.

We will do our best to reduce any unwanted effects which our road schemes might have on homes, communities and the environment. Our procedures are designed to make sure that you know what we are proposing and how you can influence decisions. We will also pay you fair and reasonable compensation if we buy your property from you.

We have produced this booklet to give you a step-by-step guide to how we:

develop new road schemes;
consult members of the public;
consult members of the public;
pay compensation to people whose homes are affected by our schemes.

If there is anything in this booklet that is not clear, or if you are worried about how a proposed motorway or trunk road could affect your home, please get in touch with your local Agency office. We will do our best to answer your questions.

Lawrie Haynes

LAWRIE HAYNES
Chief Executive

Highways Agency

A step-by-step guide to planning trunk roads

We only propose a trunk road if there is a strong case for improving an existing road or building a new one and alternative solutions cannot meet the need. This is a general guide to the procedures which we follow, although they may vary depending on the type of road scheme involved.

Adding the road scheme to the roads programme

We may identify problems on the motorway and trunk road networks, and ideas for new schemes to solve those problems, or they may be brought to our attention by local authorities and others. We carry out preliminary investigations to identify possible ways of solving the problems. The Secretary of State for Transport then decides whether a new scheme should be added to the roads programme.

Consulting the public

We publish a free consultation document and send it to people whose property may be needed for the road scheme. In this document, we give details of different routes and the likely effect on the environment.

We ask for the views of interested organisations and the general public.

The Secretary of State for Transport may decide to buy properties which are on the consultation routes. At this stage the people who own the properties on these routes can ask us to buy their homes (blight).

The full public consultation procedure may be changed or missed out in a few cases, for example where only one route is suitable. If public consultation does not take place, the proposal is announced in the same way as the preferred route (see below).

Announcing the preferred route

Man All the responses to the consultation document are considered. Then, if the Secretary of State decides to go ahead with the scheme, he announces the preferred route together with the reasons for his choice.

We tell the local authority the preferred route and they put this on their land register. If you are planning to buy a property, a land search enquiry at the local authority will tell you if the property you are interested in is on a preferred route and if a trunk road is planned within 200 metres of the property.

Home owners on the preferred route can serve a 'blight notice' at this stage, telling us they would like us to buy their property (Blight).

The Secretary of State for Transport may decide to buy homes not on the preferred route but which, in his opinion, are likely to be seriously affected by the work or the new road. So, at this stage, home owners near the preferred route can ask us to buy their homes.

Publishing draft statutory orders and an environmental statement

We publish draft statutory orders and a formal environmental statement. If statutory orders are not needed, for example because we do not need to buy any land, we may still publish a formal environment statement, showing the possible effects of the scheme on the environment.

We advertise the draft statutory orders and let the public know where they can go to inspect them and the time limits for making objections.

We write to the people who live in the properties we need for the scheme to tell them that we have published the orders and what the time limits are for making objections. We also send them a copy of the draft compulsory purchase order.

Holding a public inquiry

If we cannot settle objections to the compulsory purchase order, we usually hold a public inquiry with an independent inspector.

We will advertise the public inquiry widely, including announcements in local newspapers. We will contact the people who have made objections to tell them about the inquiry.

Announcing the decision and making orders

The Secretaries of State for the Environment and for Transport consider all objections and the inspector's report if there has been a public inquiry. They then make a joint decision on the road scheme. We tell people who have objected about this decision and announce the decision in the local papers.

If the Secretaries of State for the Environment and for Transport approve the scheme, we then make the statutory orders.

You can challenge the orders in the High Court within 6 weeks of their being announced.

Taking over the land

We send the people who own and the people who live in the properties included in the compulsory purchase order a notice to treat. We also send them a set of claim forms so that they can set out the details of their claim for compensation.

We may need to have the property before we have completed the purchase of it. If so, we will give those who live in and own it a notice to enter. We will normally discuss our needs with them before we give them the notice, and we will give them as much warning as possible (usually far more than the 14 days we have to give by law).

Starting work

We can now start work on the road.

The road opens

If your property loses value when the road opens to traffic you can claim compensation. You must normally do this between 1 and 7 years after the road has opened.

A fair deal

Telling you about our proposals

If we are likely to need your home (or part of it) for a motorway or trunk road scheme, we will:

send you details of our proposals and give you the chance to give your views on them as they develop;
advertise any public exhibition we may hold where the route or route options will be shown by maps, plans and photographs; and
tell you about and give you a copy of any draft compulsory purchase order which affects your home.

Paying you fair compensation

If we buy your home, we will pay you fair compensation in line with the statutory compensation code.

Our agents

People We currently use the District Valuer to assess and negotiate the compensation we pay. The Government's property lawyers or private solicitors act as our agents for most conveyancing work. We monitor the performance of our agents to make sure that you get a fair and efficient service.

Blight

Moving House If you want to move house, a road proposal may make it difficult for you to get a fair price for your home. This is known as 'blight'. This section explains how to find out what help you can get.

You may be able to serve a blight notice on us to buy your home if:

we have announced the preferred route;
our announcement prevents you from getting the asking price for your property on the open market; and
we are likely to need your property.

There is a special form for this. Please ask your local Agency office for a copy and for advice on whether you can apply. You will find addresses and phone numbers of our local offices in the contacts section.

By law, we must give you a decision within two months of receiving a valid blight notice. Otherwise we must buy your home if that is what you want us to do.

But you do not need to sell your home at this point. Once we have accepted your blight notice, you can sell your home to us at any time within the next three years. If we have accepted a blight notice on property blighted before 25 September 1991, owners can insist that we buy their property at any time up to the point when we serve a notice to treat. (Compensation)

We will buy your home at its full market value (as if the road had never been proposed) on the day of the agreed sale. So the price we pay will be affected by changes in the property market and you must decide when it is best to sell.

If we do not accept your blight notice, you can challenge our decision and ask the Lands Tribunal to decide on the matter. The Lands Tribunal is an independent organisation set up to deal with this type of dispute. You can contact them at 48/49 Chancery Lane, London WC2A 1JR.

Until a preferred route is announced, we will not normally be able to buy any property. However, we may do so if you are unable to sell at an 'un-blighted' price and are suffering financial hardship because your property is on a route published for public consultation (step-by-step guide). In certain circumstances we may buy your home even if it is not directly on the preferred route, as long as it is or is likely to be seriously affected by our scheme. Ask your local Agency office for advice on this.

If you are thinking of buying a home, you or your solicitor will normally make a land search enquiry to the local authority to find out if the property you are interested in is on a preferred route (step-by-step guide). You can then ask your local Agency office for more details of what is proposed.

Compulsory purchase and your right to object

Plans If we need to buy your home for a road scheme, we will write to you and explain what your rights are.

The Secretary of State for Transport has the right to buy your land and property if it is needed for a trunk road scheme. You must sell the land or property if the Secretary of State asks you to. When acting for the Secretary of State, we must follow strict procedures which are there to protect your rights.

We will prepare draft orders, including a compulsory purchase order, setting out the precise areas of land and property we need for a road.

If any part of your home or property is included in the draft compulsory purchase order, we will write to you to let you know when the draft order has been published and when you must make your objections or comments. We will also give you a copy of the draft compulsory purchase order.

You will have at least 21 days from the draft compulsory purchase order being published to make an objection. There will be a longer objection period for other orders.

If your home is directly affected by the draft compulsory purchase order and we cannot sort out your objections, we will:

hold a local public inquiry where you will be able to argue your case;
give you at least six weeks' notice about the start of the inquiry and give you booklets explaining how you can let the independent inspector know what your objections are; and
let you know the decision of the Secretaries of State for the Environment and for Transport on whether and how they will go ahead with the scheme.

This procedure does not apply to objections about the amount of compensation.

If the Secretaries of State for the Environment and for Transport decide to go ahead with the compulsory purchase order, you can challenge it in the High Court within six weeks of the announcement that the order has been made.

Map of England's motorway and trunk road network

The Highways Agency is responsible for managing, maintaining and improving England's 6,500 miles of motorway and trunk roads. These roads account for 33% of all road travel and more than 50% of all lorry travel in the country.

Other roads in England are the responsibility of the relevant local authority - County Councils or Metropolitan Authorities. The Welsh, Scottish and Department of the Environment (Northern Ireland) Offices look after motorways and trunk roads in their countries. (contacts)

Compensation

If we buy your home under a compulsory purchase order or your home loses value because of a new or improved road, you can apply for compensation. We explain here how to go about it.

'Notice to treat'

We will give you a notice asking you to tell us what your interest is in the property and to give the name and address of anyone else who has an interest. We will also send you a set of claim forms so that you can claim compensation.

Compensation

If you own your home, we will pay you the full market value of your home as if the scheme had never been proposed. You will normally be entitled to compensation payments in the form of a 'home loss payment' and a 'disturbance allowance'. These payments are designed to compensate you for the distress and inconvenience of losing your home and the reasonable costs of moving to another.

A 'home loss payment' is currently 10% of the market value of your interest in the property, as set by our valuer. We do not make payments of less than £1,500 and more than £15,000. Tenants will usually also qualify for these payments, but for them the payment is a straight £1,500. In certain circumstances, tenants may also be eligible for re-housing by the local housing authority. Your local Agency office will be glad to tell you what you are entitled to.

If you want to get professional advice to help with your claim for compensation, we will pay the reasonable fees of a professionally qualified person such as a surveyor or a solicitor.

You, or someone acting for you, must negotiate the compensation with our valuer based on the value of your home. If you are not happy about the amount we are offering, you can ask the Lands Tribunal to settle the matter. But you should take professional advice first as this can be expensive, and if the tribunal's decision goes against you, you may have to pay the costs of being represented by a surveyor and a barrister.

'Notice to enter'

We may need to have your property before we have completed the purchase of it. If so, we will give you a 'notice to enter'. We will normally discuss this with you beforehand and will give you as much warning as possible, taking into account your particular circumstances as well as our own needs. We will usually give you far more warning than the 14 days which we must give you by law.

Advance payments

We promise to pay the compensation quickly and in full when we have completed the purchase of your property. However, if we take possession of your property before we have completed the purchase, you can normally claim an advance payment of 90% of our valuer's estimate of the compensation (including disturbance compensation where this is known or can be estimated). If you have agreed the amount of compensation, you can normally claim 90% of that amount. If you have a mortgage to pay off, we may use the advance payment to do this, if your mortgage lender asks us to.

If you accept an advance payment, this will not affect your negotiations and final settlement with our valuer.

You will also be entitled to interest on the amount of the compensation from the date that we take possession of your property until the date we pay compensation in full. We will add the interest to the compensation on the date we pay you. (This is known as simple interest.)

After the road has opened

If we did not need your home for one of our schemes, but it turns out that it has lost value because of our new or improved roads, you can apply for compensation for the lost value. (This is called Part I compensation.) You cannot normally apply for this compensation until one year after the road has been open to traffic. However, you must apply within seven years of its being opened. If you want to sell your home within a year of the road opening, there are special arrangements. Ask your local Agency office for more details. Booklet 2 'Your Home and Nuisance from Public Development' (more information) gives more details.

Our commitment to help you

We will do all we can to help you by providing clear, up-to-date information and advice.

If you write to us, we will:

reply quickly and always within 15 working days (or we will explain why it will take longer); and
always be polite and try to be helpful.

We monitor our performance in dealing with your letters and publish the results in our annual report. You can get copies of this from HMSO.

If you phone us we will:

answer the phone quickly; and
be polite and helpful.

How you can help

You can help us to help you by:

letting us know your views when we ask the public about proposed schemes;
using the correct forms when you ask us to buy your property;
giving accurate and full answers to our questions; and
telling us how we can be of more help to you.

Who to contact

Enquiries about progress in cases in which we have offered to buy your home and Part 1 Compensation enquiries (defined on page 13) in:

Cheshire, Cleveland, Cumbria, Durham, East Riding of Yorkshire, Greater Manchester, Kingston upon Hull, Lancashire, Merseyside, Northumberland, North Yorkshire, Tyne and Wear.

Lands Division
Manchester Office
Highways Agency
Sunley Tower
Piccadilly Plaza
Manchester M1 4BE

Phone: 0161 930 5757
Fax: 0161 930 5769
Email: ha_info@highways.gov.uk

Enquiries about progress in cases in which we have offered to buy your home and Part 1 Compensation enquiries in:

South and West Yorkshire, Staffordshire, West Midlands, Warwickshire, Hereford and Worcester, Shropshire, and Derbyshire

Lands Division
Birmingham Office
Highways Agency
Broadway
5 Broadway
Broad Street
Birmingham B15 1BL

Phone: 0121 678 8041
Fax: 0121 678 8186
Email: ha_info@highways.gov.uk

Enquiries about progress in cases in which we have offered to buy your home and Part 1 Compensation enquiries in:

Bedfordshire, Buckinghamshire, Cambridgeshire, Essex, Gloucestershire, Hertfordshire, Leicestershire, Lincolnshire, Oxfordshire, Norfolk, Northamptonshire, Nottinghamshire, Suffolk, A12 to Hackney M11 Link Road, A406 Silver Street to Hall Lane; A406 Bounds Green to Green Lane Improvement and A10 Bush Hill Bridge Improvement.

Lands Division
Bedford Office
Highways Agency
Heron House
49-53 Goldington Road
Bedford MK40 3LL

Phone: 01234 796611
Fax: 01234 796698
Email: ha_info@highways.gov.uk

Enquiries about progress in cases in which we have offered to buy your home and Part 1 Compensation enquiries in:

Berkshire, Isle of Wight, Kent, Surrey, East Sussex, West Sussex, and all London schemes other than A12 to Hackney M11 Link Road, A406 Silver Street to Hall Lane; Bounds Green to Green Lane Improvement and A10 Bush Hill Bridge Improvement.

Lands Division
Dorking Office
Highways Agency
Federated House
London Road
Dorking
Surrey RH4 1SZ

Phone: 01306 878409
Fax: 01306 878104
Email: ha_info@highways.gov.uk

Enquiries about progress in cases in which we have offered to buy your home and Part 1 Compensation enquiries in:

Avon, Cornwall, Devon, Dorset, Hampshire (Part 1 claims only - for acquisitions see Dorking), Somerset and Wiltshire

Lands Division
Exeter Office
Highways Agency
Falcon Road
Exeter EX2 7LB

Phone: 01392 312534
Fax: 01392 312537
Email: ha_info@highways.gov.uk

If you have a question about trunk roads in Scotland, Wales or Northern Ireland, the addresses are as follows:

For Scottish roads:

National Roads Directorate
Scottish Office
Development department
Area 1D Victoria Quay
Edinburgh EH6 6QQ

Phone: 0131 556 8400

For Welsh roads:

Transport and Highways Directorate
Welsh Office
Crown Buildings
Cathays Park
Cardiff CF1 3NQ

Phone: 01222 825111

For roads in Northern Ireland

Road Service Headquarters
Department of the Environment (Northern Ireland)
Clarence Court
10-18 Adelaide Street
Belfast BT2 8GB

Phone: 01232 540540

More information

Other booklets which you may find helpful are:

Land Compensation: Your Rights Explained

This information is available from our Information Centre, City Tower, Piccadilly Plaza, Manchester M1 4BE; Email InformationCentre-Manchester@highways.gsi.gov.uk

Highways Agency - Safe roads, Reliable journeys, Informed travellers

Trunk Road Proposals and Your Home

Contents

Introducing the Highways Agency

A step-by-step guide to planning trunk roads

Adding the road scheme to the roads programme

Consulting the public

Announcing the preferred route

Publishing draft statutory orders and an environmental statement

Holding a public inquiry

Announcing the decision and making orders

Taking over the land

Starting work

The road opens

A fair deal

Telling you about our proposals

Paying you fair compensation

Our agents

Blight

Compulsory purchase and your right to object

Map of England's motorway and trunk road network

Compensation

'Notice to treat'

Compensation

'Notice to enter'

Advance payments

After the road has opened

Our commitment to help you

How you can help

Who to contact

More information

Land Compensation: Your Rights Explained