Compensation for new road - Loss of property value?

Bellamory

Hi everyone,

Apologies as new here and not sure which is best section to post this query.

Has anyone had experience of the Land Compensation Act please?  A little background; we have lived for over 30 years in a rural spot, surrounded on all sides by pasture farmland. A few years ago, plans surfaced to build a by-pass though fields behind our home.  After 2 years of construction the road opened to traffic last month, albeit not yet at its full capacity yet as surrounding villages are still awaiting traffic calming works.  Once completed, all traffic will be forced onto this new route.

We were told at planning stage as there was no direct purchase of our land, we would not be eligible for any compensation, even though it would change our environment forever and have an impact on us.  However, this week we received a letter from a company of surveyors offering to support a claim under the Land Compensation Act for noise issues on a “no win, no fee” basis.

Having now looked into this, its likely we do have potential to claim for loss of value on our property, as we now suffer with road noise, especially at night when we have our windows open. We don’t have a “baseline” level to prove the change, but having gone from fields with a few livestock to a 3-lane 60mph road, there is an obvious noise increase and a knock-on reduction to our property value.

Has anyone successfully claimed for this type of compensation?  Is there a benefit in using a company to do this - ie more likely to be successful?  As this company has reached out to us, would we be better finding our our rep to act for us instead?  Are there any potential pit-falls of a "no-win/no-fee" deal like this?

Sorry for such a long first post but any advice appreciated, thank you 

TheMilkmansDad

I'd give this a good read if not done so already
M150005_Compensation_booklet_v3.pdf

lincroft1710

As you will see from the booklet mentioned above, you will need to wait for nearly a year before you can submit a claim and if you do instruct a firm of valuers to act for you, be aware of excessive charges as Highways Agency will only pay "reasonable charges"

Bellamory

Thanks both, I had read the linked booklet which is where I confirmed that "noise issues" are valid for a potential claim.  I understand the road needs to be open for a full year before applications are valid, and assume the company that have contacted us are getting interested parties to sign up ahead of the game, so they can secure all the information needed.  

If anyone else has any direct experience of doing this, and whether it was successful etc, it would be interesting to hear about their situation and outcomes.

Thanks again