Notice

Part I claim: M602 junction 3 widening

Published 17 December 2013

This notice was withdrawn on 13 May 2021

This page has been withdrawn as the final claim date has now passed.

M602 junction 3 - widening

Land Compensation Act 1973 (as amended)

1. 1. The Secretary of State for Transport hereby gives notice that the altered high­way described in the Sched­ule below, was first open to pub­lic traf­fic on 08 April 2013. That date is known as the “rel­e­vant date”.

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 8 and 9 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 altered 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 this altered high­way is 09 April 2014. Except for the cir­cum­stance described in para­graph 4 to this notice, a claim can­not be made before the first claim day.

4. 4. A claim can be made dur­ing the period between the rel­e­vant date and the first claim day only where the claimant has made a con­tract to sell his/her inter­est in the prop­erty or, in the case of prop­er­ties that are not dwellings, to grant a ten­ancy. The claim must be made between the mak­ing of the con­tract and before the sale is com­pleted or the ten­ancy granted. The Sec­re­tary of State can­not accept a claim after the sale or grant of a ten­ancy has been com­pleted. No com­pen­sa­tion in respect of such a claim will be paid before the first claim day.

5. 5. 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.

6. 6. 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:

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

8. b. If agree­ment is not so reached, made a ref­er­ence to the Upper Tri­bunal (Lands Cham­ber) 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. 7. No com­pen­sa­tion can be claimed under Part I of the Act where part of the prop­erty was acquired for the alter­ations to the high­way. Instead, com­pen­sa­tion for land acquired is paid under dif­fer­ent rules.

2. 8. To claim com­pen­sa­tion under Part I of the Act, a qual­i­fy­ing inter­est in the land must have been acquired before the alter­ations to the high­way were com­pleted 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. 9. Inter­ests in land qual­i­fy­ing for com­pen­sa­tion are spec­i­fied in sec­tion 2 of the Act. They are:

4. 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.

5. 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.

6. 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).

7. 10. 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.

8. 11. 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 altered 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 altered high­way in the state it is on the first claim day.

9. 12. 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 I Claims Team, The Cube, 199 Wharf­side Street, Birm­ing­ham, B1 1RN or by tele­phon­ing 0845 300 2330

10. 13. 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 scheme con­verted a 300m sec­tion of hard shoul­der to pro­vide an addi­tional run­ning lane on the exit slip on approach to M602 J3 East­bound. Works included a new sec­tion of safety bar­rier, minor car­riage­way widen­ing, new kerbs & drainage sys­tem, asso­ci­ated sign­ing, white lin­ing and gantry light­ing. An elec­tronic sign was also installed on the gantry in align­ment with the new lane.

Sheryl Man­ders — National Part I Claims Man­ager National Part I Claims Team, The Cube, 199 Wharf­side Street, Birm­ing­ham, B1 1RN.