Notice

Part I claim: A5111 Raynesway Park junction improvement Phase 2

Published 14 February 2011

This notice was withdrawn on 17 August 2017

Notice period for filing a claim has passed.

A5111 Raynesway Park Junction Improvement — Phase 2

Land Compensation Act 1973 (as amended)

Phase 1 — Belmore Way, Phase 2 — Raynesway Park Roundabout, Phase 3 — Main Line

1. 1. The Secretary of State for Transport hereby gives notice that the new length of highway described in the Schedule below, Phase 1 was first open to public traffic on the 22nd November 2009, Phase 2 first open to public traffic on the 24th July 2010 and Phase 3 first open to public traffic on the 29th January 2011. 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 Phase 1 is the 23rd November 2010, Phase 2 the 25th July 2011 and Phase 3 the 30th January 2012. .

4. 4. Anyone who, after the first claim day, intends to sells 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 and 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 £34,800 (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

The above scheme consisted of three phases as follows:

Phase 1 — Belmore Way opened to traffic on the 22nd November 2009 and consisted of Curzon Lane being closed and replaced by a new link to Belmore Lane from the signalised roundabout.

Phase 2 — Raynesway Park Roundabout opened to traffic on the 24th July 2010 and consisted of link road between the Raynesway Park Roundabout and the Alvaston Roundabout to allow access to new development adjacent to the River Derwent and a new Southbound slip road to the A6.

Phase 3 — Main Line opened to traffic on the 29th January 2011 and consisted of a new dual carriage way, replacing the old junction and linking A6 to A5111.

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