Under Part II of the Land Acquisition and Compensation (Northern Ireland) Order 1973 there is a right to compensation in respect of any depreciation of more than £50.00 in the value of certain interests in land caused by the use of new or altered roads and resulting from specified physical factors (noise, vibration, smell, fumes, smoke and artificial lighting and the discharge on to the land in respect of which the claim is made of any solid or liquid substance). Compensation is assessed by reference to prices current at a date 12 months after the road is first open to public traffic or, in the case of an altered road, first open to public traffic after completion of the alterations.
Interests qualifying for compensation are specified in Article 5 of the above-mentioned Order and there are special provisions relating to claims by mortagees and persons entitled under trusts or settlements.
Any person entitled to a qualifying interest who considers he has a claim under the said provisions may obtain further information and claim forms from the following:
Divisional Roads ManagerDepartment of Infrastructure
Eastern Division
Annex 7
Castle Buildings
Stormont Estate
Upper Newtownards Road
Belfast
BT4 3SQ
Persons entitled to compensation for land acquired for the road detailed in the Schedule need not submit a claim under the aforementioned Part II.
Claims may be made during a period of 2 years commencing 2 years beginning on the expiration of 12 months from the date when the new or altered road is first open to public traffic. However, if during the claim period an interest is disposed of or (insofar as the interest is in land which is not a dwelling) a tenancy is granted, the claim must be made before such disposal or grant of tenancy.
NOTE: Any person may make a claim before the start of the claims period, if during the 12 months proceeding that date they have made contract either for disposing of this interest or (insofar as the interest is in land which is not a dwelling) for the grant of a tenancy in that land provided that the claim is made before the interest is disposed of or the tenancy granted. Compensation is such cases will not be payable before the beginning of the claim period.
SCHEDULE – A26 Main Street, Glenavy
First opened on 19 May 2013 following provision of a right turn pocket.
Claims period 13 March 2019 to 13 March 2021