Alderley Edge Bypass - Compensation Claims

If you are one of the residents affected by the construction of the New Alderley Edge Bypass and expecting compensation, you will have no doubt heard from your retained Agent the current status of those claims with Cheshire East Council.
As one of those residents affected by the bypass and as part of the Compensation review process a Cheshire East Surveyor (local to the area) attended my home to carry out a Survey. 
In May Cheshire East agreed compensation to the first initial 45 Claims. I received notification of the same from my agent, requesting acceptance to the offer from Cheshire East, which in his view and the Council Surveyor; ‘Was fair and reasonable’ – I accepted.
Rewind:
Life is never simple when dealing with your local authority; It appears Cheshire East have had a change of heart, policy and people.
Cheshire East represents the Community and the outcome to this debacle; have rescinded the written offers; battened the hatches and run for cover behind Legal representation.
What does that mean to you in the community not affected by the Bypass; you may say, they are right why should we have to use taxpayer’s money to compensate people affected by its construction?
a) Because there is a legal obligation under the Land compensation Act 1973 (as amended) part 1 Claim to compensation.
Whilst Cheshire East believe this is in the interest of the Council and Community; I have no idea. Take the New Manchester Airport Runway extension as an example regarding compensation; this went to Court with legal costs stated as a multimillion pound costs in an attempt to reduce overall compensation liabilities.
Have your say: Would you be willing to contribute to a multimillion pound action or would you advise your Council to settle.
For the record, they set aside a sum to account for compensation claims; it appears they are going to add to this considerably with Legal costs? Does it make sense to you? 
Have your say.

Check this original document of the plan.

http://bit.ly/Pr7gmL

What happen to the budget? Has it been spent? What and who has spent it?

Ricky,

Thank you for the link to the Goverment paper - £10.1 million set aside for claims, they are stalling and taking second opinion on claims, retaining lawyers and increasing the liability. That tell’s you they do not have the money and attempting to reduce their liabilities… of course we would welcome comment from the Council members in this forum if I am wrong.

Ray,

I don’t think our Parish Council Members can do anything, it’s most likely be CEC. Our Parish Council weren’t even given couple of grand for Christmas trees, no doubt Cheshire East has spent up the budget somewhere else and we are paying the price. It will be sad for some of our more mature residents, they may not get compensated in this lifetime.

Ricky,

Cheshire East have a lot to answer for and just taken on a new Chief Executive, perhaps the increased costs in payroll at the Council has meant no Christmas Trees this year. My view is they will begin selling whatever land assetts they have for Social Housing etc. beleive this maybe an issue also to residents of Alderley Edge, the plan relates to Land off Brook Lane.

With regard to our mature residents, they should have first priority.

Gentlemen, I think you’ll find that (at least in the background) our Parish Council will be working feverishly on this. As I understand it, at least one of them is claiming compensation for the loss of amenety caused by the bypass construction. This despite the fact that, before it’s construction, the bypass was well over 25 years in the planning.

Alan,

The document has include the Land compensation Act 1973 within it’s plan to get approval. This document is dated just before the project started, not 25 years ago.

I am just being curious.  I am guessing there is a time frame here that you have owned your property prior to the construction of the Bypass?  I can’t believe you can claim compensation if for instance you bought your property 1 year before the construction of the bypass or indeed at the time it was being built?

I forget the details for Fiona - but - the blooming obvious is that if you bought close to construction then you will have bought at a discount - and the previous owner is entitled to compensation.

My memory of the scheme is that it works that way.

Broadly - someone took a hit because the Bypass was built - we always knew that - its a statutory scheme - no point in complaining like King Canute.

We have been advised (by our Agent) to instigate legal proceedings against CEC.  He has also made us aware that, in the case of Runway 2, only 300 (out of 1,800) claimants opted to take legal action; ultimately, they were the only ones who received any compensation at all.

@ Fiona - you needed to own your property one year on from the date on which the bypass opened (i.e. Nov 2011).

Half the problem is that no one knows the full details of what is going on, so there are lots of rumours going round.
From what I can gather, key personnel from CEC walked the bypass scheme with at least one of the agents / surveyors acting for residents potentially affected by the bypass, over a year ago, and agreed in principle the % compensation figures households would be entitled to (based on a number of factors including distance and height from the bypass, proximity to junctions / bridges, presence of soundproofing and using information from other bypass schemes around the country).  Why was an open discussion not started at that point?  I’m sure that all responsible households would have been willing to discuss the amount of compensation due, given the current economic climate, and agree amicably to a fair settlement.  To wait until after written offers of compensation have been made, and then decide to have another review of the figures wastes yet more money (and time) does not appear professional, and only fuels anger against the council.
In addition, there is a precedent set, in that households along the other half of the bypass will have already received compensation.
I’m sure it is still not too late to have an open debate, so that everyone is aware of the true facts, and can make an informed decision.

Hi all,

The following is the public annoucement with regards to the A34 scheme:

“The head of Highway and Transportation Agency is preparing a report to the Cabinet of Cheshire East Council. In accordance to council procedure to seek authority to settle compulsory purchase orders and part 1 claims.
It is expected that this report will be consider on 10th Dec 2012 and all agents representing claimants on this scheme will be written to with an explanation of the outcome of the cabinet meeting.”

Please note the following:

1. They were originally set to deliver this report in September.
2. By April 2013 Land Compensation claim would not be eligible for Legal Aid, If the Highway and Transportation Agency and CEC continue to delay it would mean any legal proceeding raised after April 2013 would incurr up front cost.
3. The valuation so far has been found and confirmed as fair and as accordance to procedure. Therefore if the original offer were retracted and lower offers were given, the Highway and Transportation Agency and CEC are effectly fiddling with the valuation.
4. Any claimants who then receiveds offer which are deem not valued the same way as other claimants that previously had offer would mean that the council and agency is operating in ‘Double Standards’. Hence discriminate claimants who have not yet received offers.

Cabinet meeting is happening on the 10th Dec.

By checking CEC website here are the details.
http://moderngov.cheshireeast.gov.uk/ecminutes/ieListDocuments.aspx?CId=241&MId=4288

Please contact your agent and to instigate legal proceedings.

Having called the Cheshire East Council, I have been told that the A34 Bypass Land Compensation part of the Cabinet meeting will be discussed during the ‘confidential’ period of the meeting.

It is possible for a local ward councillor to attend on behalf of residents but our local ward councillor Frank Keegan is also a claimant.

I wonder if another parish councillor attend on behalf of 300 Alderley Edge residents?

Thank you Craig for the information. I do not understand that compensation should be paid to anyone who purchases a property during or after the construction of the bypass?  Have I read this correctly?

Road noise is horrendous and people’s outside and inside space now must be very different

One thing to bear in mind would be that if AEPC plans go ahead you may also have a new sports facilities on your doorstep.  Roumour has it that they want a land swap with the allotments on Heyes lane and Alderley Edge School for Girls current playing field to enable them to build a brand new sports facility on land purchased for the Alderley Edge Bypass. Oh and it will also be a drop off point for pupils to aleveate congestion at the school . I hope you all get some compensation for this. 

@ Ricky Lee. I am sure a local councillor will be involved in this fight. I believe they will be seeking compensation.

Fiona,

This document may help your understanding.
http://assets.highways.gov.uk/our-road-network/land-property-and-compensation/part-1-claims/M110362_Part_1_Compensation_Act_web_16_01_2011.pdf

Local Councillors that are claiming have already declared their interest in the matter. Therefore I suggesting a councillor which are not affected and are not claim should represent the 300 villager that are affected by the bypass.

Thanks Ricky. I do not agree that compensation should be paid if they purchased their property when the bypass was being built. They would know that a new road was being built due to the local searches carried out by their solicitor.  So we pay out money to someone who bought their property 1 month before the road opened.
I support those people you have genuinely been affected

Fiona, in that case almost everyone shouldn’t get compensation, as land searches would have shown the possibility of a road going in for years!

I don’t think this compensation should be payed, ie the mechanism for payment is wrong in the first place. The only people that should get compensation are the ones who have lived in their house from before the land was earmarked for a road (this was just after the Second World War?)

Everyone else has bought their houses with the knowledge the road might go in….....or is that incorrect?

Craig, I think the principle of “Caveat Emptor” should apply here.

25 years ago we looked at a house on Wilton Crescent but decided against going ahead due to it’s close proximity to the (then) proposed bypass. Could I claim compensation for having the opportunity of buying an otherwise decent house taken from me?

Alan,

This document may help your understanding.
http://assets.highways.gov.uk/our-road-network/land-property-and-compensation/part-1-claims/M110362_Part_1_Compensation_Act_web_16_01_2011.pdf

It part of the law regarding road/traffic development.

If the law is to change it shouldn’t be changed retropectively.

Ricky,

The first thing I would like to address is the Christmas Tree for Alderley Edge, clearly Cheshire East see us a cheap and wanting more than the worst christmas tree you could ever offer?

Perhaps we should ask George Osborne to donate a tree more befitting with Alderley Edge, failing that, I will buy the tree that all residents would be proud of ... I need a vote,

In respect of compensation 0n A34 I thank you for your update. I have already sent emails to George Osborne Office with the promise of a response, however, typical government still recieved no confirmation to date, which is not unusual for George Osborne, hello George, do you still exist for our constuancy?

I find government corrupt in eveything they promise, George, do you exist or are you but a shadow?

Ray

Your posting saddens me, no only because quite a lot of it does not make sense - “clearly Cheshire East see us a cheap and wanting more than the worst christmas tree you could ever offer” - but also because it feels like nothing more than a cheap shot at George for no good reason.

Why should George donate a Christmas Tree ?  The very poor ones we have are supplied by Cheshire East Council.  The Council is totally independent of the MP and George can do nothing about the decisions made by Councillors.  In any event - why would our employee pay for a work expense out of his own pocket ?  To suggest this is simply pejorative.

Likewise, why you would write to George about the compensation scheme escapes me.  George was not involved in drafting the legislation, he was not involved in the practical issues leading to the awards or likely awards of compensation to certain land owners.  Its nothing to do with him.  To which of his offices did you write ?  I always get a prompt response from his constituency office.  If you want help getting a reply - let me have a copy of your letter and I will chase a reply for you.

But frankly, lay off George, when he was selected as the candidate we all knew he was likely to be a high flyer with less than the usual time for constituency matters.  Nevertheless he was selected.  He has an excellent team who assist him with his constituency work to make up for this.  If you need help getting a reply, my e-mail address is marcasquithatgmail.com

All the best.

Marc
MPs do have a responsibility to those that elect them , and high office is no excuse even if the job turns out to be tough !

@ Craig (W) & Alan,
It is true that the vast majority of residents will have purchased their homes since a proposed bypass first appeared on the searches (1936 I believe); however, anyone having purchased their property since 1973 (Land Compensation Act Part I) would have been equally aware of their statutory right to compensation under the said Act. Presumably, they would have taken their decision to purchase (or not to purchase) based on a knowledge of BOTH the possible existence of a bypass AND their entitlement to compensation, should the former come to fruition.

From what I can see from the CEC website, it currently looks like the bypass compensation discussion has been taken OFF the agenda of the meeting on Monday 10 December - please can anyone confirm or deny whether the matter is going to be discussed.

I won’t be surprised it’s being pulled from the agenda, this was supposed to be presented in September, then rescheduled to December. If you haven’t been contacted by your representing agent with regards to registering for legal proceedings, I would suggest you get in touch with them asap. If by April you haven’t request legal proceeding then you will incurr up front cost or may have your claim value adjusted down in comparison with others who have had offers.

As suspected, the alderley edge bypass claims are not being discussed at todays meeting, but might be discussed in January.  As Ricky has said, I think our only way forward is to instigate legal proceedings via our surveyors.

The following is a response I have had from CEC (with what might be useful contact details):

The Alderley Edge By-pass report is not on the agenda for the meeting of the Cabinet today; it is currently scheduled for the meeting on 7 January.  The agenda for the 7 January meeting is due to be published before Christmas, hopefully on 21/22 December, so you will be able to check then if it is to be considered at that meeting. 
Regards, Cherry Foreman

Cherry Foreman
Democratic Services Officer
Cheshire East Council
Westfields, Middlewich Road
Sandbach, Cheshire
CW11 1HZ
Tel: 01270 686463
http://www.cheshireeast.gov.uk

Looks like the Alderley Edge By-pass report has been pull yet again.

Coun Jamie Macrae need to answer to all 311 residents, no point just making statements in Wilmslow Express (3 Jan 2013) without real substance..

We have not yet received any corespondence from the council to date. Why is that?

Just a quick update.

Still no reply from the council.
So far for one of the solicitors who are representing this case has already received over 50 instruction for legal respresentation.

Guess it would take a coiple of hours to process each claimant.

Therefore just for one of the solicitor alone the cost so far to the council may be

50 x 2 x £335 + VAT = £40,200

Note the legal cost are charged to the council (ie. everyone in Cheshire East) and not retreived from compensation.

Legal cost would only be paid if the case are successfull, otherwise the solicitor will not get paid. From what I have been told the solicitor has assess the risks and rated the chance of winning this case as very very high (Almost Sure Win), especially the council internal audit have found that the valuation given so far has been correct and accurate to the policy and guidlines of the law.

Anyone who hasn’t signed up for legal representation should consider doing so before 1st April were the law for ‘Legal aid on Land Compesation’ changes.