Highways Agency

HIGHWAYS AGENCY LAND COMPENSATION ACT 1973 (AS AMENDED)

A428 CAXTON COMMON TO HARDWICK IMPROVEMENT

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 24th May 2007. That date is known as the "relevant date".

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.

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 new highway is 25th May 2008. Except for the circumstance described in paragraph 4 to this notice, a claim cannot be made before the first claim day.

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/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. 

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:

1. Agreed in writing an offer of compensation (including any reasonable valuation and legal expenses) made by the Secretary of State in writing; or
2. 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.

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.

To claim compensation under Part I of the Act, a qualifying interest in the land must have been acquired before the new highway was 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.

Interests in land qualifying for compensation are specified in section 2 of the Act. They are:

3. 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.
4. 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. 
5. 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 £29,200 (this figure may be updated by Order from to time).

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.

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 altered highway in the state it is on the first claim day.

Anyone having a qualifying interest who considers they have a claim under the Act can obtain further information and a claim form from the Highways Agency, Lands Delivery and Support Division, Woodlands, Manton Lane, Bedford, MK41 7LW or by telephoning 01234 796663.

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

The A428 Caxton Common to Hardwick Improvement provides 4.8 miles (7.7 km) of dual carriageway and a major junction at Hardwick in Cambridgeshire in order to relieve congestion and improve safety.

Mrs Jane Cresswell
National Part 1 Compensation Operations Manager
Lands Delivery and Support Division