Hundreds of local residents are expected to seek compensation from the council, claiming that the Alderley Edge Bypass has devalued their home.
These claimants could include Councillor Wesley Fitzgerald, Leader of Cheshire East Council, and our local Councillor Frank Keegan who both live close to the bypass.
Their potential claims cropped up at a recent full council meeting, where both councillors declared a personal and prejudicial interest prior to a discussion taking place about adding £3 million to the fund set up to cover compensation claims and other costs resulting from the bypass.
The council agreed that an additional £3 million should be set aside to settle all land related and compensation claims.
Given the road opened in November 2010, the window for compensation claims will not close until 2017 and these claims are now predicted to exceed the budget by £2.4m - due to an increase in land costs and the actual areas of land acquired, as well as increased disturbance and an increase in the number of properties eligible to claim.
Having earlier declared an interest in relation to this matter, Councillors Fitzgerald and Keegan were not present during the discussion.
Councillor Frank Keegan confirmed "I am taking advice as to the professional impact on the value of my property."
Claims can be submitted under the 1973 Land Compensation Act by people claiming their property has been reduced in value by physical factors, such as noise, artificial light, vibration and fumes, caused by the building of the new road.
Councillor Keegan said "The process of determining the extent of possible claims is that there is rigid criteria, established countrywide, against which claims are made. Two opposing sets of professionals will argue the merits of their cases. One side trying to establish loss, and one side showing how mitigation was achieved. If no agreement can be reached, the matter is referred to a Land Tribunal."
Chartered Surveyor Colin McCullough, from Macclesfield based Peter Almond & Partners, told me he is dealing with about 180 claims. He expects somewhere between 400 and 500 to be submitted in total which should be finalised towards the end of next year.
He said people are claiming "for the possible diminution in value of their property due to the physical factors now emanating from the scheme since its opening in November 2010 i.e. noise, dirt, dust, artificial lighting, smell, fumes ,smoke and vibration. This has to come from the scheme now in operation and not its construction."
Cheshire East are hoping to finance this additional £3 million by selling land and property in the area which they purchased several years ago during the development of the bypass.
If you live near the Alderley Edge Bypass let us know how this has affected you and whether you will be submitting a compensation claim via the comment box below.
Comments
Here's what readers have had to say so far. Why not add your thoughts below.
You should have gone to Specsavers!
Para 6 indicates quite clearly that Cllr Fitzgerald and I declared interests and left the Council Chamber.
Maybe you should read the majority of the comments on this site and reconsider your ideas for the village.
The compensation scheme is a statutory scheme that compensates anyone who finds themselves with a new road built near to their home. The rules are clear, either you qualify or you do not. I can see no reason for a Councillor not to benefit from the scheme just like any other member of the public if they meet the criteria.
The ill considered outrage expressed above really does not reflect the reality. I have always been painfully aware that the new bypass was passing pretty close to Frank's house and he has never once raised with me or CCC officers any personal mitigation - something he could have easily done informally. He has supported the bypass, albeit in his own inimitable manner, throughout, even though it brings to him, some personal detriment.
In hindsight, maybe we were all fortunate that the County Councillor who took this entire scheme from a priority, through the design and planning phases and through the first year of construction, lives in the heart of the village in a house totally unaffected by the bypass other than in the general way that the entire village has benefited. I will not be claiming compensation.
I am a bit concerned at the suggestion that when a councillor has supported a road scheme as it is of overall benefit to their parish or ward that they should then be precluded from having access to a statutory compensation scheme to compensate them for personal loss suffered by them as a result - along with the others similarly entitled.
Afterall, if that councillor had opposed the scheme then doubtless he would have been accused of acting in his personal interests,
So far as I can see its a case of being damned either way!
Who'd be a councillor....
"Voters never forget !!!!"
By the way, many residents' properties will have increased in value as a result of the bypass having been built. I suspect that not many will be offering to give their gains back to the council.
I'm not commenting on specific individuals like Frank Keegan or Wesley Fitzgerald.
My comments are aimed at the general "Jumping on the Bandwagon" culture by anyone who even considers claiming for the "loss" of these sort of situations that may actually be making their lives easier ! .... What about all the 'Elf & Safety rubbish these days.
Frank Keegan and Wesley Fitzgerald do a great job, in my opinion.
We should all think ourselves lucky that we are not living somewhere like China, where if the government want to build a road residents will be evicted from their homes with no consultation, no appeal, and minimal compensation if any.