A14/A12 Copdock Roundabout, Ipswich, Highway Improvements

HIGHWAYS AGENCY
LAND COMPENSATION ACT 1973 (AS AMENDED)
A14/A12 COPDOCK ROUNDABOUT, IPSWICH, HIGHWAY IMPROVEMENTS

1.    THE SECRETARY OF STATE FOR TRANSPORT HEREBY GIVES NOTICE THAT, fol­low­ing the com­ple­tion of the alter­ations to the car­riage­way described in the Sched­ule below, was first open to pub­lic traf­fic on the 30th Novem­ber 2011.  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 altered 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 twelve months have expired from the rel­e­vant date and is known as the “first claim day”.  The first claim day for this altered high­way is the 1st Decem­ber 2012.

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 six 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 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 alter­ations were com­pleted and 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.

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 three years left to run at the time of mak­ing the claim.  The prop­erty must have an annual value that does not exceed £34,800 (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 altered 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 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 National Part 1 Claims Team, The Cube, 199 Wharf­side Street, Birm­ing­ham, West Mid­lands, B1 1RN or by tele­phon­ing 0845 300 2330.

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.

THE SCHEDULE

Works on the above scheme con­sisted of Widen­ing approaches to the round­about of the A14 J55 Cop­dock Inter­change at Ipswich with a pro­vi­sion of traf­fic sig­nals at round­about, new safety fences and street lighting.

Also, widen­ing approaches to the round­about of the A14 J58 Dock­spur Round­about at Felixs­towe with a pro­vi­sion of traf­fic sig­nals at round­about, new safety fences and street lighting.

Nicholas Free­man — National Part I Oper­a­tional Claims Man­ager
National Part I Com­pen­sa­tion Team, The Cube, 199 Wharf­side Street, Birm­ing­ham, West Mid­lands, B1 1RN.