Annex B: Department of Transport January 1992 Guidelines
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1. The Department will use its discretion to purchase in any case where it judges it would be intolerable for the occupier to remain in the property during works or once the road is open. (Assessed as forecast noise level of 78 dB(A) LEQ’ - ‘(12 hour) for 6 months).
2. Where the above criterion is not met the vendor must show that he has made reasonable efforts to sell. The property must have been on offer for at least 20 weeks at a reasonable price and has been impossible to sell other than at a price substantially lower than that for which it might have been expected to be sold but for the scheme. Normally the difference should amount to not less than 5%.
3. There are a variety of reasons why a vendor might need to move without delay, and where they appear cogent, they should be accepted. In the case of owner-occupiers of dwellings guidelines set out the following main types of reason which should be accepted:-
- Acquisition of a job outside reasonable commuting distance when unemployed (what is reasonable under this and the next head will vary with the circumstances, including the means of the individual);
- Acquisition of a different job outside reasonable commuting distance (it is undesirable for blight to impede job mobility);
- Need to move for medical reasons, including need to look after an elderly relative in a different sort of house;
- Need to provide for a growing family (primarily to be considered in relation to bedrooms - it is undesirable for growing children of different sexes to share);
- Need to realise assets, perhaps because of serious financial difficulties or dissolution of marriage.
4. While each case must be considered on its merits, acquisition will only rarely be approved under the new power outside the 100m zone, after start of works.
