§ Mr. ChidgeyTo ask the Secretary of State for Transport what procedures the Highways Agency follows to inform affected individuals of their right to make retrospective claims under part I of the Land Compensation Act 1973, as amended, in respect of any depreciation of more than £50 119W in the value of certain interests in land caused by the use of new or altered highways and resulting from specified physical factors. [23797]
§ Mr. WattsThis is an operational matter for the Highways Agency. I have asked the chief executive to write to the hon. member.
Letter from Lawrie Haynes to Mr. David Chidgey, dated 16 May 1995:
As you know, the Minister for Railways and Roads, Mr John Watts, has asked me to reply to your Parliamentary Question asking the Secretary of State for Transport what procedures the Highways Agency follows to inform affected individuals of their right to make retrospective claims under Part I of the Land Compensation Act 1973 in respect of depreciation in value of interests in land caused by the use of new or altered highways.The Highways Agency places public notices in the local press at the date of opening of a new or altered road and again shortly before the first date when owners are entitled by the legislation to make Part I claims, which is one year after the road opens. General press releases are also issued.The Highways Agency also draws attention to the entitlement of owners to make Part I claims in its booklet "Your Home and Trunk Road Proposals" which is made available at public consultations and exhibitions about scheme proposals. This booklet draws attention to further guidance which is available in other booklets and from Highways Agency offices of the particular circumstances which may affect an individual owner's entitlement to claim and action which they should take, if, for example, they wish to sell their property before the date when claims can be accepted.Special consideration for ex-gratia payment is given to any claims which are made outside the statutory claim period (more than seven years after, the road is opened) if it can be shown that initial advertising was inadequate, or there were convincing reasons why an owner could not have submitted a claim which was valid under the statutory provisions.
§ Mr. ChidgeyTo ask the Secretary of State for Transport if the Highways Agency sends individual letters to affected individuals informing them of their right to make retrospective claims under part I of the Land Compensation Act 1973, as amended, 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. [23798]
§ Mr. WattsThis is an operational matter for the Highways Agency. I have asked the chief executive to write to the hon. Member.
Letter from Lawrie Haynes to Mr. David Chidgey, dated 16 May 1995:
As you know, the Minister for Railways and Roads, Mr John Watts, has asked me to reply to your Parliamentary Question asking the Secretary of State for Transport if the Highways Agency sends individual letters to affected individuals informing them of their right to make retrospective claims under Part I of the Land Compensation Act 1973 in respect of depreciation in value of interests in land caused by the use of new or altered highways.The Highways Agency does not send letters to individuals in these circumstances as it is not practicable to attempt to identify every individual who may be entitled to claim. I have explained the existing arrangements publicising the entitlement of owners to claim in my answer to your Parliamentary Question reference 1684/94/95.We understand that local agents may also contact individual owners, advise them of their entitlements and submit claims on their behalf. The Highways Agency reimburses the cost of any agents fees incurred in submitting a valid claim.