Highways Agency - Safe roads, Reliable journeys, Informed travellers

LAND COMPENSATION ACT 1973 (AS AMENDED)

A41 No Man's Heath and Macefen bypass

The Secretary of State for Transport, Local Government and the Regions hereby gives notice that the lengths of highway detailed in the schedule below were first opened to public traffic on 3rd July 2001, after completion.

Under Part I of the Land Compensation Act 1973 (as amended) there is a right to compensation in respect of any depreciation of more than £50 in the value of certain interests in land caused by the use of new or altered highways and resulting from specified physical factors (noise, vibration, smell, fumes, smoke, and artificial lighting and the discharge on to the land in respect of which the claim is made of any solid or liquid substance). Compensation is assessed by reference to prices current at a date twelve months after the highway is first open to public traffic, or in the case of altered highway, first open to public traffic after completion of the alterations.

Interests qualifying for compensation are specified in section 2 of the above-mentioned Act and there are special provisions relating to claims by mortgagees and persons entitled under trusts or settlements. However, no compensation can be paid under Part I where part of a property has been acquired for the purpose of constructing the highway.

Any person entitled to a qualifying interest who considers that they have a claim under the said provisions may obtain further information and claims forms from the Highways Agency, Project Services, Lands, Federated House, Dorking, Surrey RH4 1SZ (telephone 01306-878419 - please ask for Mrs Julia Carroll).

Claims can be made twelve months after the new or altered highway is first open to public traffic, that is on or after 3rd July 2002 (the "first claim day"). Claims should be made within six years from this date. However, if an interest is disposed of, or (insofar as the interest is in land which is not a dwelling) a tenancy granted the claim must be made before such disposal of grant or tenancy.

As this Public Notice was published after the first claim date referred to in the Schedule (3rd July 2002) the Highways Agency will, exceptionally, consider retrospective claims for ex-gratia consideration made by residents who owned their property before this date. These claims must be made by 10th July 2003. Simple interest will be paid on claims received before 10th July 2003 from the first claim date until payment is made. Claims received after 10th July 2003 will receive interest from the date the claim is received.

Schedule

The new road is 3.05 km long. Starting in the north at a point 750m north of Merjen Garage. It runs to the east of the village on embankment. The bypass continues south crossing Old Coach Road where a priority "T" junction is provided. It then continues in cutting. A priority staggered junction is provided at Bickley Lane. The road continues south in shallow cutting before crossing the old A41 at ground level. It then rises on embankment for about 250m before reaching a staggered priority junction at Bradley Green Road and the severed section of bypassed A41. The new road ties into the existing A41 adjacent to St Chad's Church. Dedicated right turn lanes are provides at all junctions on the bypass.

MRS P BAKER
A Higher Executive Officer
In the Highways Agency