Paragraph 27

if and so far as it relates to depreciation that would not have been caused but for the opening to public traffic of Kent County Council’s scheduled works, that Council shall be the responsible authority in relation to it; and

if and so far as the Secretary of State is the responsible authority in relation to it, no account shall be taken in assessing compensation of any use or expected intensification of use of that road due to that opening.

the relevant date were the date on which all of their scheduled works were first open to public traffic;

the increase in value to be taken into account under section 6 were any increase that would not have been caused but for the opening to public traffic of those works; and

subsection (1) of section 8 did not preclude the payment of compensation unless the previous claim was in respect of depreciation that would not have been caused but for that opening and subsection (2) of that section did not preclude the payment of compensation.

the Secretary of State were the appropriate highway authority in relation to all of the Concessionaires’ scheduled works and other works of the Concessionaires authorised by this Act which are highways, except the road forming Work No. 17;

Work No. 17 were, as from the commencement of its construction, the construction of a highway by the Kent County Council; and

the relevant noise level, in relation to the road forming that work, did not include any level of noise caused or expected to be caused by traffic using or expected to use it before the date on which all of Kent County Council’s scheduled works are first open to public traffic.

is not liable to satisfy any claim under Part I of the Land Compensation Act 1973 in connection with the use of any highway for which he is not the highway authority; and

does not have any obligation or power under the Noise Insulation Regulations 1975 in connection with the use or alteration of any such highway;

section 28 of that Act (power to pay expenses of persons moving temporarily during construction works); and

sections 246, 253 and 282 of the M3Highways Act 1980 (which relate respectively to acquisition of land, agreements with respect to use of land and execution of works for the purpose of mitigating adverse effects of highways);

any land acquired by him under section 246 of the Highways Act 1980; and

any rights and liabilities acquired by or accrued to him under that section, section 253 or 282 of the Highways Act 1980 or the M4Noise Insulation Regulations 1975;