Dear Sir
LAND ACQUISITION AND COMPENSATION (NI) ORDER 1973 – PART II
1.
I enclose for consideration and negotiation a claim under Part II of the Land
Acquisition and Compensation (NI) Order 1973 from
in respect of
an interest in land at
[together with a plan and copies of correspondence with the claimant].
2.
In connection with Article 11(2) of the Order, land/no land was acquired from the
claimant for the roadworks in question. [The land was acquired by (vesting order
operative ………………. 19…) agreement dated ………………. 19…]
3.
Details of the claim, including the description in it of the roadworks giving rise to it,
have been checked against the various qualifications in the Order and the claim prima
facie is considered to be valid. The claimant’s title will be examined before payment is
made but if from your knowledge you have any reason to think it questionable perhaps
you would let me know.
4.
The road in question was first open to public traffic [after completion of the alterations
to the carriageway] on ……………………..
5.
On the question of measures against noise:
(a)
Following an assessment of noise levels arising from the use of this road –
(i) the Department has ascertained that no dwellings on the land the subject of
this claim qualify for an offer of insulation work or grant under the Noise
Insulation Regulations (NI) 1995;
(ii) the Department has made/will make offers of/has provided insulation work
or grant to the occupier(s) of ……….dwelling(s) on the land the subject of this
claim. The value of the insulation work or grant in respect of each dwelling is
as follows:
Dwelling occupied by
…………………….
……………………
…………………...
(b)
Value of insulation work or grant
£
………………………………
………………………………
………………………………
(i)
The Department has decided not to exercise the powers in Articles
25/26 of the Order to provide mitigating works;
(ii)
The Department has provided/will provide the following mitigating
works in exercise of the powers in Articles 25/26 of the Order:
…………………………………………………………………………………
with the following effects:…………………………………………………………………………………
6.
The use of the new roadworks does/does not, in the opinion of the Department’s
engineer, cause a significant increase in the effect of the relevant physical factors on
the claimant’s property, taking into account reasonable intensification of use as
described in Article 7(2) of the Order. [An engineering assessment is attached.]
7.
The claimant is understood to have held at the relevant date an interest in land
contiguous to the land in respect of which the claim is made (as shown on attached
map).
Yours faithfully