Highways Agency

LAND COMPENSATION ACT 1973 (AS AMENDED)

M57 Switch Island junction improvement phase 1

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 27th November 1998, 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 27th November 1999 (the "first claim day"). Claims should be made within six years from this date. However, any person who within the twelve months preceding this date makes a contract for disposing of their interest (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 so before the interest is disposed of or a tenancy granted. Compensation in such cases will not be payable before the first claim day.

As this Public Notice was published after the first claim date referred to in the Schedule (27th November 1999) 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. Simple interest will be paid on claims received before 28th February 2004 from the first claim date until payment is made. Claims received after 28th February 2004 will receive interest from the date the claim is received.

Schedule

The works comprised junction improvements, including new lengths of carriageway forming a continuation of A5036 Dunnings Bridge Road in a northerly direction to the A59 North way and north-east to the M57, traffic signal upgrades including associated changes to road markings, traffic signs, fencing and drainage where necessary, re-profiling and re-surfacing as required. The western section of circulatory carriageway was gated at each end to provide access for the police and statutory authorities, a weighbridge was installed for use by the Vehicle Inspectorate and a new cycletrack was created. Moor Hey Brook culvert was extended and the farm access track to the north of Moor Hey Brook was modified to accommodate the changes.

MRS P BAKER
A Higher Executive Officer
In the Highways Agency