Some residents have received letters from Highways England with regard to Part 1 Compensation.
What is Part 1 Compensation?
If the proposed Lower Thames Crossing is granted a Development Consent Order, it can then be constructed and would open to the public. Once the road has been open for over a year, property owners who live close to the road can claim compensation if their property has reduced in value by more than £50 due to the physical factors caused by the use of the new, or altered road. This is commonly referred to as a ‘Part I claim’ as it is made under Part I of the Land Compensation Act 1973. A road is considered to have been altered when there is a change to the location, width or level of the carriageway. Part I compensation cannot be claimed when a road is resurfaced or where part of the property has been taken under compulsory purchase for the new or altered road.
The physical factors considered for compensation under Part 1 are noise, vibration, smell, fumes, smoke, artificial lighting and the discharge on to the property of any solid or liquid substance. Loss of view, personal inconvenience and physical factors arising during the construction of the road are not included under Part I compensation. More information can be found in Highways England’s booklet a guide to Part I compensation. This is available on the Highways England website https://highwaysengland.co.uk/lower-thames-crossing-in-my-area/ and can also be requested by calling the HE customer contact centre on 0300 123 5000. There will also be copies available at the HE info events.
Highways England often use legal terminology in the letters they send, as they are required to so, which can make it confusing for many people. However, they do have a dedicated Land & Property team for residents to contact (details of which you should find in the letter) if you have any questions. They should also have members of the team available at all their info events to answer any queries you may have. Be sure to ask to speak to one of the Property Team at the events, as event staff specialise in different areas.M150005_Compensation_booklet_v3
We would like to point out that we at TCAG are not legal experts, we are simply sharing this info that has been bought to our attention, we would always advise seeking professional legal advice if needs be.
For those that have received a letter stating that you are within the Development Boundary, or very close to it we would suggest clicking through to – www.thamescrossingactiongroup.com/blight-and-discretionary-purchase/ for more info.