News

Residents in the Heron Forstal Avenue area of Hawkinge who claimed compensation for depreciation to their homes from factors such as traffic noise arising from the use of Spitfire Way, will be notified by KCC of the decision at the end of May.

The claims could not be acted upon promptly because the new road had not been adopted within three years of opening, as required by the Act.

Several residents referred their cases to the Local Government Ombudsman who considered that the claimants had been disadvantaged..

Behdad Haratbar, Head of Countywide improvements, Kent Highway Services said: “Compensation claims were received from homeowners alongside the first part of the bypass, known as Spitfire Way, between the A20/A26 roundabout and the new roundabout at Haven Drive/Swann Way.

"The claims were made under the Land Compensation Act Part 1 and relate to depreciation resulting from factors such as traffic noise arising from use of the new road. The claims initially could not be considered because the new road had not been adopted as publicly maintained highway within three years of opening, as required by the Act.

"Some of the claimants referred their cases to the Local Government Ombudsman who concluded that Kent Highway Services had not intentionally delayed adoption of the road, but did consider that the claimants had been disadvantaged.

"In response, Kent Highway Services is now considering whether the claims for compensation should be accepted as if valid and processed in the normal way. A decision is expected later this month and the concerned parties will then be notified of the situation accordingly.

"It is important to note that the compensation claims in question relate to the first part of the Hawkinge bypass that was built several years ago, and not the final part that was opened to traffic last year.”