The right road to compensation as bypass celebrates birthday
At the first anniversary of the start of construction work for the new Newtown bypass we are reminding land and property owners in the area of their compensation entitlements.
We set up a satellite office in Newtown last year to enable land and property owners affected by the construction works to drop in for advice and having already helped many people with their compensation. We are advising others that they may be able to claim reimbursement even if they don’t lose property or land.
Where land is used for temporary purposes or permanent use and taken from them, they 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 fields and farm.
Residents living next door to a noisy set of road works may also have various options ranging from compensation for disturbance to, in some cases, being compensated to move out either temporarily or permanently.
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.
You can download DMPC’s Guidance Notes on Compulsory Purchase and Compensation (available in English and Welsh) at www.dmpropertyconsultants.com
Philip Meade, Davis Meade Property Consultants
