Highways Compensation

The issue of compensation for loss and damage will arise when a Highways Authority uses their compulsory powers to acquire land and property for the construction of a new road.

Such infrastructure projects can have a major impact for landowners and occupiers of residential, commercial and agricultural properties.

Compensation for the construction of a new road is a major part of our business and we are well placed in pursuing and settling compensation claims on behalf of our clients.

There are a number of categories of statutory compensation and payments can depend on whether or not land has been or will be acquired in order to construct the scheme.

Where a client has land take the following heads of claim are utilised:

  • Land Take – the value of the land acquired by compulsory purchase by the Acquiring Authority
  • Severance – where a land holding becomes severed and as a result is increasingly difficult to work or even unusable and any “marriage value” is lost
  • Injurious Affection – the reduction in value of what land remains after a compulsory purchase
  • Disturbance – the effect the scheme has on business profit/loss, costs incurred as a result of the scheme and any other matter not related to the value of the land
  • Loss Payments – a statutory form of compensation re-introduced by the Planning & Compulsory Purchase Act
  • Claims under the Land Compensation Act 1973 Part 1 – where a claimant has no land acquired from them in order to construct a road scheme or other public works, they may be entitled to property compensation for the reduction in value of their property due to the use of that scheme.

We have settled thousands of new road compensation claims under this heading and are currently representing clients on for example the A380 South Devon Link Road, the A421 Bedford Bypass, the Lincoln Eastern Bypass, the A6 Manchester Airport Relief Road, and many other schemes throughout the country.

Highways compensation claims is a specialist area, for advice and guidance, please call Roger Bedson on 01785 850866 or email  fiona@hinsonparry.co.uk.

Hinson Parry Members of:

  • RICS — The Royal Institution of Chartered Surveyors
  • NFU — National Farmers' Union