24th March 2017
Angela Juszczyk
Following approval granted by way of a Development Consent Order (DCO) in 2014, the new A556 link road officially opened to traffic on March 6, 2017. During this time, our CPO team at Roger Hannah has acted on behalf of clients with properties affected by the construction of the new road.
One instruction was on behalf of the owner of a Grade II-listed country property. The new road took over 5 acres of land from the 20-acre estate, leaving nearly one fifth of the land retained and severed by the new dual carriageway. In addition, the new layout of the road means it is now within 80 metres of the garden.
Our team provided comprehensive advice regarding the compensation available, a large proportion of which related to the depreciation in value suffered as a consequence of the new road (known as injurious affection). An important element of this instruction was considering the duty to mitigate one’s loss and work with Highways England to agree on necessary accommodation works.& We compiled and submitted a detailed claim to Highways England, which included compensation based upon the value of the land taken, disturbance allowance, severance, and injurious affection claims for the bisection of the remaining land. Statutory loss payments were also claimable in addition.
Roger Hannah will seek agreement from the acquiring authority at the outset of any instruction for all reasonable professional fees to be reimbursed as part of compensation settlements. This provides our clients with comfort that they will not receive an unexpected fee invoice at the end of negotiations.
If your property is affected by a new road or other development and you would like further information as to how we can assist, please do not hesitate to contact one of our team.
