Annex C: Extract from Report to the Planning and Transportation Committee 1 October 1992
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2.3.2 The effect of an eastern bypass on adjacent properties ‘Swans Harbour’ and ‘Eels Cottage’
The Inspector’s Report refers to these two properties which are situated close to the proposed bypass. Swans Harbour is adjacent to Waders (Please see Para 3.2), a house the County Council have already acquired under ‘Blight’ procedures and which will be demolished since it lies in the path of the road. Swans Harbour and Eels Cottage will be considerably affected by the scheme and the Inspector calls for sympathetic consideration by the Council of the owners’ plight, so close to the bypass.
In neither case does the County Council require land from the property and compensation is properly assessed for these types of cases under the Land Compensation Act 1973 to take account of physical factors such as noise, lights and vibration. Compensation is not assessed under the Act until one year after the scheme is in operation.
The Committee considered a report in December 1987 and again in June 1990 in respect of Swans Harbour, copies included as exempt Appendix B. The Committee resolved against purchasing the property and presumably maintains that view. There is no legal requirement for it to be purchased.
3. Other matters for Members’ information
3.1 Oystercatchers
This property is directly affected by the Bypass in that an area of the garden is required for the scheme. The owner has served a Blight Notice on the County Council requiring the Council to acquire the whole property now. It is considered that the owner has a strong case and that the sensible course of action is to seek to agree terms and acquire the property, with a view to subsequent disposal of that part not required for the scheme, on completion of the Bypass.
3.2 Waders
This large detached residential property, was purchased by the Council following a Blight Notice in 1987 and is currently empty. The property was let until October 1990 and has been maintained and kept wind and water tight to ensure that it would be suitable for letting if the need arose or indeed, so that it could have been resold had the Secretary of State not confirmed the Bypass line in the County Council’s favour.
4. Financial Implications
The acquisition of Oystercatchers has been budgeted for and is included in the County Council’s 1992/93 Capital Programme, in relation to the Wroxham Bypass.
It is RECOMMENDED that the County Council deal with compensation effects at Swans Harbour and Eels Cottage under the timescale as dictated by the Land Compensation Act 1973, in relation to the physical factors evident after the scheme has been in operation for one year.
