Major Error on Local Search

diggingdude

spin it around, at least they won't be building flats overlooking your garden

Thrugelmir

The_Shadow wrote: »

Had we had known about this we would have not purchased the property due to noise and pollution issues affecting our existing breathing conditions.

Such information is in the public domain. With the access to information via the internet. Easy for anyone to find out what's happening in a specific locality. Either proposed or for definate.

EachPenny

The_Shadow wrote: »

...The search stated that there were no road schemes or proposals within 200m of our property.

4 years on there is a major dual carrageway being constructed 90m from our boundary.

The dual carrageway is being constructed in a corridor that has been shown on the councils transport core strategy plans long before we purchased our property....

When you say 'constructed', do you mean bulldozers are on site, or that plans have been announced?

[STRIKE]Road[/STRIKE] Transport schemes are unpredictable things. Someone has an idea, some work is done on it, there's no money, it gets scrapped, someone comes up with the same idea..... this can go on for decades, and then suddenly money appears burning holes in someone's pocket and all of a sudden the project is all systems go.

If bulldozers are on the ground then this should have been something you were aware of several years ago as there would be a process of notifying neighbours of the work plans in the pre-construction phase. Alternatively, if the plans have only just been announced then there is a whle process to still go through before the scheme is confirmed.

It is worth researching "planning blight". Transport authorities get very jittery about this because drawing a line on a map and hinting this might one day become a transport project can trigger the submission of blight notices. As a result the publication of proposals is carefully managed.

It is possible that whatever is shown in the core strategy plan is defined in such a way that the agency didn't consider it to be a scheme or a proposal. (and therefore might not be negligent)

You should also find out what has happened to the various compensations and remedial works that often go with schemes like this - is there some money sitting around waiting for you to claim it?

The Land Compensation Act 1973 should make excellent bedtime reading.
https://www.legislation.gov.uk/ukpga/1973/26/contents