HC Deb 27 April 1984 vol 58 c624W
Sir John Biggs-Davison

asked the Secretary of State for Transport if he will publish the terms under which compensation may be claimed by sufferers from motorway noise.

Mrs. Chalker

Under part I of the Land Compensation Act 1973 owner-occupiers may in certain circumstances claim compensation from the appropriate highway authority where the value of their property is depreciated by noise and other specified physical factors caused by the use of new or altered highways, including motorways.

Claims may not normally be made until one year after a highway is first open to public traffic, or reopened after alteration, but where a property is being sold during that year a notice of claim must be made after exchanging contracts but before completion of sale.

In the case of departmental roads, notices about the right to claim and when to do so are published in local newspapers at the time of road opening and again one year later.

Detailed information is given in the free booklet "Your home and nuisance from public development", which may be obtained from the Department's regional offices, local council offices and citizens' advice bureaux.

Depending on noise levels, owners or occupiers of dwellings may be entitled to he offered noise insulation or grant under the Noise Insulation Regulations 1975. The benefit of this or any other noise-mitigating works is taken into account in the assessment of compensation claims.

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