Highways Agency

LAND COMPENSATION ACT 1973 (AS AMENDED)

A259 Hythe to Dymchurch lighting (Cols 1-73)

The Secretary of State for Transport, Local Government and the Regions hereby gives notice that the public works detailed in the schedule below was first used after completion on 3rd August 1990.

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 public works 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).In the case of street lighting the applicable factor is artificial lighting. Compensation is assessed by reference to prices current at a date twelve months after the public works are first used after completion.

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 installing the works.

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 public works are first used after completion, that is on or after 3rd August 1991(the "first claim day"). Claims should be made within six years from these dates. 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 or grant of tenancy.

As this Public Notice was published after the first claim date for the street lighting referred to in the Schedule (3rd August 1990) the Highways Agency will exceptionally, consider retrospective claims for ex-gratia consideration made by residents who owned their property before these dates. These claims must be made by 11th December 2003. Simple interest will be paid on claims received before 11th December 2003 from the earlier first claim date until the date payment is made. Claims received after 11th December 2003 will receive interest from the date the claim is received.

Schedule

The street lighting is located on the A259 Folkestone - Honiton Trunk Road. Alterations to the street lighting took place and were completed on 3rd August 1990 for columns 1-73.

MRS P BAKER
A Higher Executive Officer
In the Highways Agency

Anyone wishing to enquire about their potential Part I entitlements in respect of the scheme to which this notice refers should contact:

The Part I Compensation Team
The Highways Agency
Federated House
London Road
Dorking
Surrey RH4 1SZ

Phone: 01306 878419 Fax:013060878104 E-mail lands-man@highways.gsi.gov.uk