Notice

Part I claim: A1 Peterborough to Blyth grade seperated junction: Apleyhead junction, Gonerby Moor junction and Blyth junction

Published 27 May 2009

This notice was withdrawn on 29 April 2015

Claim date has passed.

A1 Peterborough to Blyth Grade Seperated Junction — Apleyhead Junction, Gonerby Moor Junction and Blyth Junction

Land Compensation Act 1973 (as amended)

1. 1. The Secretary of State for Transport hereby gives notice that following the completion of the alterations to the carriageway of the length of highway described in schedule (a) was first open to public traffic on17 December 2007, in schedule (b) was first open to public traffic on 20 March 2008 and in schedule (c) was first open to public traffic on 28 April 2008. These dates are known as the “relevant dates”.

2. 2. 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.

3. 3. 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 the altered highway in schedule (a) is 18 December 2008, in schedule (b) 21 March 2009, in schedule © 29 April 2009.

4. 4. Anyone who, after the first claim day, intends to sell his/her interest in the property or, in the case of properties that are not dwellings, to grant a tenancy, must make a claim before a contract to sell or grant a lease is made. The Secretary of State cannot accept a claim after a contract to sell or grant a lease has been made.

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

1. 6. 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.

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

3. 8. Interests in land qualifying for compensation are specified in section 2 of the Act. They are:
   1. a. 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.
   2. b. 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.
   3. c. 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 time to time).

4. 9. 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.

5. 10. 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 highway in the state it is on the first claim day.

6. 11. Anyone having a qualifying interest who considers they have a claim under the Act can obtain further information and a claim form from National Part 1 Claims Team, The Cube, 199 Wharfside Street, Birmingham, West Midlands, B1 1RN or by telephoning 0845 300 2330.

7. 12. 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.

Schedule

Schedule (a)

Apleyhead junction (also known as Five Lanes End) is a five arm roundabout giving access to Worksop and New Ollerton via the A57 and A614. A new two level junction consisting of approximately 1.8km of new dual two lane carriageway to the east of the current Apleyhead roundabout has been provided. A link road carried over the A1 on a new bridge connects the existing roundabout to a new roundabout to the east of the new carriageway. This eastern junction also includes a link to the B6420 Mansfield Road. Slip roads connect the roundabouts to the A1.

Schedule (b)

Gonerby Moor junction is a three-arm roundabout at the intersection of the A1 and B1174 giving access to Grantham. A new two level junction consisting of approximately 1.5km of new dual two lane carriageway to the west of the current Gonerby Moor roundabout has been provided. A two-way link road carried over the A1 on a new bridge connects the existing roundabout to a new roundabout to the west of the new dual carriageway. The new roundabout includes a link to Gonerby Lane to enable the closure of the existing T-junction. Slip roads connect the roundabouts to the A1.

Schedule (c)

Blyth junction (also known as Hilltop Roundabout) is a four arm roundabout giving access to Blyth and Bawtry via the B6045 and A614. A new two level junction consisting of approximately 1.25km of new dual two lane carriageway in cutting has been provided. A link road carried over the A1 on a new bridge connects two new roundabouts linking the A614 to the north with the B6045 to the south. The new northern roundabout includes direct access to Blyth Services. Links to minor roads and properties have been provided and new slip roads connect the roundabouts to the A1.

Nicholas Freeman — National Part 1 Operational Claims ManagerNational Part 1 Compensation Team, The Cube, 199 Wharfside Street, Birmingham, West Midlands, B1 1RN.