Highways Agency

LAND COMPENSATION ACT 1973 (AS AMENDED)

M6 Toll

The Secretary of State for Transport hereby gives notice that the length of highway detailed in the Schedule below was first open to public traffic on 9th December 2003.

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 or the use of other public works including street lighting and resulting from specified physical factors (noise, vibration, smell, fumes, smoke and artificial lighting and the discharge onto 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 new or altered highway is first open to public traffic.

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 and 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 they have a claim under the said provisions may obtain further information and claim forms from Julian Gill at the Highways Agency, Lands, Room C2, 5 Broadway, Broad Street, Birmingham, B15 1BL, telephone 0121 678 8119.

Claims may be made twelve months after the new highway is first open to traffic, that is on or after the 10th December 2004 (the 'first claim date'). Claims should be made within six years from this date. However, any person who within the twelve months preceding that date makes a contract for disposing of his interest or (insofar as the interest is in land which is not a dwelling) for granting a tenancy may make a claim within that period and must do so before the interest is disposed of or the tenancy granted. Compensation in such cases will not be payable before the first claim day.

Schedule

M6 Toll (formerly known as Birmingham Northern Relief Road)

The M6 Toll is a 27 mile long dual three lane motorway bypass in the West Midlands conurbation. M6 Toll connects at its northern end with the M6 at a new junction north of junction 11. The route the M6 Toll follows is that of the existing road corridors of the A5, A38 and A446 passing through the counties of Staffordshire, West Midlands and Warwickshire connecting at its southern end with the M6 just east of junction 4 at Coleshill.

Emma Holloway
Higher Executive Officer
Highways Agency