Know your rights to compensation over new road
With funding now secured for the Shrewsbury North West Relief Road, work will soon begin to obtain the necessary orders and surveys ahead of construction.
The land required for the construction of the road is mainly agricultural land and Shropshire Council will be contacting landowners and land managers whose land is affected.
Although a public inquiry will almost certainly be held at which affected parties can object, affected parties will ultimately be served with an order to acquire the land necessary for the delivery of the new road scheme, which also sets out how side roads and access will be affected by the new road. A Compulsory Purchase Order is needed to give the council certainty that it can assemble all the land it needs if agreement cannot be reached.
The important thing is that you should seek advice from your agent before agreeing anything. Reasonable professional and legal fees including agent fees can usually be claimed and an agent will be able to advise you of your rights to compensation.
Where land is used for temporary purposes or permanent use and taken from them, land owners are entitled to compensation paid based on the disturbance caused and the effect on the market value of the land or property affected.
On top of this, farmers are also entitled to receive other reimbursements such as severance payments if land is no longer accessible.
Other disturbance claims can also be made. For example, a farm may have to cease dairying if a new road prevents the cows being able to walk between the fields and the farm.
Part 1 of the Land Compensation Act 1973 also provides that compensation can be claimed for residential property that has been reduced in value due to physical factors such as noise and pollution caused by public works, even though no land is acquired. Although these claims cannot be made until 12 months after the date of opening, residents who think they may be eligible should take advice sooner rather than later as there may be other options open to them.
People who are affected but don’t lose land can also claim under what is known as ‘McCarthy Rules’. This would be applicable for someone whose property is affected physically by the construction works, such as interference from a high voltage wire going across their property.
In order to make a successful claim, you would have to prove how much it devalues the property, but that can be quite straightforward, depending on the circumstances.
Farmers and property owners should be aware of their rights and take advice from an agent as soon as possible, bearing in mind that professional fees can be claimed.
You should keep a very careful diary of everything that happens, recording all meetings and noting and photographing any damage as this could be evidence in a compensation claim.
Philip Meade, Davis Meade Property Consultants.
