30 January 2009 08:20
Dear Ms Bracewell
Another issue to maybe raise at the meeting. Local people will be claiming compensation under Part 1 of the Land Compensation Act 1973 for loss of house value, noise and light disturbance etc etc once the new college is operational.
One of the key factors in their claim will be the loss of local open space (as far as I can see unlawful loss of local open space, as in the town’s Unitary Development Plan it clearly states that replacement local open space would have to be provided for current users, who were dog walkers). I I don’t know whether the College or the Goverment would pay the compensation payable as a result of public works. However, I think that will be a main factor in the compensation claims, as there is no other local open space for miles.
So, to minimise any future claims may I suggest that Aquinas sets aside replacement local open space for public use of exactly the same size as that lost and designs this at this stage to minimise cost of changing the layout later. If they don’t I think the college/governement will eventually pay quite a high financial cost for that decision.
At no point in the planning process were the human rights of local residents taken into consideration, yet this is a planning obligation.
Many thanks and kind regards
Sheila
