Under Part Two 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 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, smoke, 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 mortgagees and persons entitled under trusts or settlements.
Any person entitled to a qualifying interest who considers he/she has a claim under the said provisions may obtain further information and claim forms from the following address:
Divisional Roads Manager
Department for Infrastructure
DfI Roads Western Division
Persons entitled to compensation for land acquired for the road detailed in the Schedule need not submit a claim under the aforementioned Part Two.
Claims may be made during a period of 2 years beginning on the expiration of 12 months from the date when the new or altered road was first opened to public traffic that is between 5 June 2014 and 5 June 2016. 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.
Cherrymount Link Road Enniskillen.