Local residents seeking compensation from Cheshire East Council (CEC) over the Alderley Edge Bypass are taking legal action against the Council.
To date 311 claims have been submitted, Cheshire East Council approved a budget of £10.1 million to cover claims and added £3m to the budget in October, which they are hoping to finance by selling land and property which they purchased during the development of the bypass.
Residents can claims under Part 1 of the Land Compensation Act 1973 that the bypass has devalued their home due to physical factors such as noise, artificial light, vibration and fumes.
Ray Tarr told alderleyedge.com "Offers were initially agreed in respect of 45 claims by Colin McCullough (of Peter Almond & Partners) and Cheshire East.
"However, Cheshire East put these claims on hold, informing Colin they were conducting an independent review. The outcome of which we are still awaiting.
"Due to the lack of communication from Cheshire East, Colin McCullough and clients have agreed to take legal action."
Elaine Taylor said "We received an offer in writing back in the summer, approved by CEC, with promises to pay within 3 to 4 months. According to our agents, CEC do not have a leg to stand on, and consequently, we are now pursuing the claim, along with a group of other residents, through solicitors on a 'no win no fee' basis.
"Unfortunately, if the case goes to court, it could take 2 to 3 years to resolve the claim and get any money out of CEC."
Craig Browne explained "We received a visit from the CEC valuer (Stuart Harradine) on 4th July. At that time, a number of our neighbours had already received offers and Stuart led us to believe that we would receive ours within about 4 to 5 weeks of his visit.
"Since then, we have received notification that all offers previously made have been withdrawn and we are still awaiting ours."
Cheshire East Council have twice put the bypass compensation settlements on the agenda of the Cabinet meeting, in October and December, but on both occasions the item has been removed. It is understood that the item will be placed on the agenda for their meeting on January 7th, though claimants feel it is likely be removed again and delayed until after April when the law will change regarding legal aid.
Craig Browne added "The surveyor acting on our behalf has advised us that CEC are deliberately attempting to delay beyond 1st April, which is when the new Legal Aid Act comes into effect. This act will make it very difficult for private individuals to pursue claims in the Land Tribunal, because Legal Aid will no longer be available and claimants will have to bear upfront legal costs. Our surveyor is therefore in the process of instructing a solicitor to act on our behalf before the act comes into effect."
A Cheshire East Council spokesman said: "Each compensation claim is judged very carefully on its own merit. Once a decision has been reached and it is appropriate, then an offer will be made. Some claims are at that stage now. A great many are still being considered. We will however, not discuss any individual claim."
Comments
Here's what readers have had to say so far. Why not add your thoughts below.
It may be possible to save 25% of the compensation paid by running the matter to court.
However, since these cases are being run on a no win, no fee basis, where the success fee is almost certainly 100%, the increase in the costs that CEC will have to pay will far outstrip any saving made on the compensation paid.
As motor insurance companies are beginning to learn, its better to make an offer that is a few £ 100 more than the proper amount due in order to save several £ 1000 on legal costs.
Residents affected by the propose SEMMMS scheme should gain assurances that they not going to disadvantaged and treated unfairly.
As always, it's not CEC that will carry the cost - it's US the council tax payer.
Why buy a property in the knowledge that a major road development would probably reduce it's value and/or your enjoyment of the amenity?
It is particularly calculating and cynical to expect that the taxpayer will make good your loss, much more so if the claimant is a local Councillor with full and detailed knowledge of the planning
process!
Vin, I could not agree more.
Even if the CEC council save money from this exercise, the chances of any of this money be used in Alderley and the affect area is as good as a magical man coming down your chimmey tonight! (Sorry kids who reads Alderleyedge.com)
The CEC council would waste the money on other areas and on stupid projects. They won't even give us a couple of christmas tree!
The fact of the matter is that there is a law (aka 1973 Road Compensation Act) this is an Act of Parliament which promise that it would compensate home and land owners when homes and land are affected by new roads. Believe me you don't want the UK start doing land grab.
I especially like the way they nominate their own independent investigators - they gave us four to choose from, all with previous connections with CEC or its predecessor, even though the councillor for the relevant resident requested an independent, expert barrister looked into the behaviour of the officers involved. And was ONE investigator enough to judge the behaviour of those alleged to be involved in the waste transfer investigation? Three would have been so much less likely to miss something. So, personally, I don't pin any faith whatsoever on independent anythings initiated by Cheshire East Council.
If all 311 household signed up, just 1 hour each would equate to cost of £125,022.
Not only the legal fees would be paid by the defendant aka CEC, upon successfully winning the case, for this instance it is highly likely then CEC would be charged the success fees too.
As more household signed up before the closing date of legal aid and more time the solicitor firm would work on this case. This will increase the cost to CEC which is already mounting up! Don't forget each time a resident calls the solicitor it would be clocked and be added to the cost.