Compensation for the effects on your property of 4 year M4 smart motorway traffic diversion

MDWRG1

Hi MSE-ers, We live in Reading. Traffic from the M4 motorway is diverted passed our house most nights and weekends due to the smart motorway upgrade which started in 2018 and is not due to finish until late 2021. The heavy goods lorries generate so much noise and vibration when they pass that everyone on our road is finding it hard to sleep and worrying about the structural integrity of their houses. Highways England have a compensation scheme (Part I compensation) but it only applies to new roads or altered roads. The definition of altered road is 'a road is altered only when there is a change to the location, width or level of the carriageway or an additional carriageway is provided beside, above or below an existing one'. The council say it's Highways England's responsibility. Highways England say it's the council's responsibility because they told them where to divert traffic. Does anyone have any constructive advice on how we might be able to either get compensation or a noise barrier erected between the road and our properties (at the moment it's just a wire fence). Thanks.

JJ_Egan

You need proper legal advice not random forum users views ,

MDWRG1

Constructive advice please. We were hoping someone may be aware of schemes to apply for that we are not aware of.

cymruchris

MDWRG1 said:

Constructive advice please. We were hoping someone may be aware of schemes to apply for that we are not aware of.

My constructive advice would also be to seek the professional services from an expert rather than coming to a forum for random users views. 

MDWRG1

Lawyers are not the fountain of all knowledge. There are plenty of schemes which do not require legal representation to claim from. We are exploring a number of avenues to figure out how we take this forward. Unsurprisingly we're trying free options first like this, our MP, etc. If the default response to any consumer advice enquiry is 'seek legal advice' then I'm not sure Martin Lewis would have ever made MSE a success.

cymruchris

MDWRG1 said:

Lawyers are not the fountain of all knowledge. There are plenty of schemes which do not require legal representation to claim from. We are exploring a number of avenues to figure out how we take this forward. Unsurprisingly we're trying free options first like this, our MP, etc. If the default response to any consumer advice enquiry is 'seek legal advice' then I'm not sure Martin Lewis would have ever made MSE a success.

Over my hundreds of posts - I rarely say (if have ever said) you need professional legal advice. In this case you've come to a forum, asked a question, and that's my view. You asked for it, you got it, you don't agree with it, that's ok. I don't blame you for trying to get a free avenue - but if you keep hearing 'you need professional advice' there might be something in it. Possibly. 

stragglebod

MDWRG1 said:

Constructive advice please. We were hoping someone may be aware of schemes to apply for that we are not aware of.

Well, if you're really lucky there will be an M4 smart motorway traffic diversion compensation and noise reduction scheme, with an online form you can fill in that automatically produces a compensation cheque and the appearance of a gang of lads to build a noise barrier, and someone on this forum is aware of this and can post up a link.

If not, see a solicitor and get some proper legal advice.

ComicGeek

stragglebod said:

MDWRG1 said:

Constructive advice please. We were hoping someone may be aware of schemes to apply for that we are not aware of.

Well, if you're really lucky there will be an M4 smart motorway traffic diversion compensation and noise reduction scheme, with an online form you can fill in that automatically produces a compensation cheque and the appearance of a gang of lads to build a noise barrier, and someone on this forum is aware of this and can post up a link.

If not, see a solicitor and get some proper legal advice.

Yes, there is one! Unfortunately it takes 14 months from submitting until the work is complete... by which time the M4 works will have finished and it won't be an issue anyway... Then you will need to submit another form to get the ugly barrier taken down, but that might take up to 20 years....

Homer_home

Hang on.....

You've lived with this for the last two years yet you're only now seeking compensation ?

Are you hoping for a fat wedge of cash from the government to boost your Christmas fund?