§ Sir John StanleyTo ask the Secretary of State for Transport under what statutory provision highway authorities are empowered to fund the construction of noise barriers on existing motorways and trunk roads. [6950]
§ Mr. WattsHighway authorities are empowered under section 282 of the Highways Act 1980.
§ Sir John StanleyTo ask the Secretary of State for Transport what is the statutory provision under which his Department occasionally and in exceptional circumstances exercises a discretion to provide noise barriers to trunk roads built before October 1969; and if statutory provisions are subsequently amended to be disapplied to motorways and trunk roads built after October 1969. [6951]
§ Mr. WattsMy Department occasionally and in exceptional circumstances exercises a discretion to provide noise barriers on roads built before 17 October 1969 under section 282 of the Highways Act 1980. This section, which replaced section 23 of the Land Compensation Act 1973, provides the power to carry out works within a highway to mitigate the adverse effects of its construction, existence or use.
Other sections of the Land Compensation Act 1973 provide powers to insulate residential properties against noise, and to pay financial compensation to property owners for loss of value attributable to the construction, or substantial improvement, of a road. These powers were applied retrospectively to roads built or improved after 16 October 1969.
These statutory provisions remain in force.