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Saturday, 31st July 2010

Compensation may well be possible – but from whom?

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Published Date: 09 December 2009
I SHALL not comment upon all the points W.F. Daggett makes in his letter (Gazette, November 26) concerning the proposed housing development to the north of the railway line at Toddington.
However, I would confirm that Mr Daggett is correct in his assumption that the owners of the existing properties affected by the proposed new road may well have a claim for compensation under the Land Compensation Act 1973, as amended.

This legisl
ation applies where no part of the property is required for the development and compensation is given for the depreciation in the value of the property as a result of specific physical factors listed within the Act and arising from the works. These factors include noise, vibration, smell and fumes, apart from artificial lighting.

I have already drawn attention to this legislation at a town council meeting, as in my opinion, the figure of compensation may well be very significant, in that the proposed new road commences at East Street in Littlehampton and will run up the east side of Highdown Drive to then be elevated over the railway line within the vicinity of Toddington Park and Holly Drive.

The question arises as to who will be responsible for setting aside money for possible future compensation and if it is to be the developer, then whether this future liability will impact upon the provision of any public facilities that might be forthcoming as result of the granting of planning consent for this site.

Nigel Peters
county councillor for Arundel and Wick, Toddington Park
Littlehampton

* All letters to the editor must include a name and address which can with withheld on request

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  • Last Updated: 09 December 2009 4:01 PM
  • Source: n/a
  • Location: Littlehampton
 
 
 


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