Plans for three significant road schemes in the East Midlands have been submitted to government by transport body Midlands Connect with a funding request of £229 million to help deliver them. These plans, if successful, are likely to affect a significant number of landowners and occupiers across the region. The local authority road schemes promoted by Midlands Connect in the East Midlands with requests for funding in 2020-2025 include, the A511 Coalville Growth Corridor in Leicestershire, the North Hykeham Relief Road in Lincolnshire and the Chesterfield – Staveley Regeneration Route in Derbyshire.
Robin Eyles, Partner at our Market Harborough office, explains: “It is likely that the relevant local authorities will use compulsory purchase powers to acquire the land necessary for the construction of the roads although they will be obliged to pay landowners and tenants compensation assessed in accordance with the rather complex compulsory purchase legislation. If you are or think you might be affected, it will be important for you to be fully engaged as early as possible to ensure that you can, amongst other things, influence the design of the scheme, make formal objections where necessary, agree accommodation works and maximise your claim for compensation.
To do this it will be important to seek specialist professional advice early. Compulsory purchase road schemes are often long and complex, the devil is in the detail and acquiring authorities are focused primarily on the construction of the road rather than solely on how it may affect you. Chartered surveyors experienced in compulsory purchase will be able to assess your case thoroughly at the outset, as the scheme proceeds and advise you accordingly along the way. Compulsory purchase can be a daunting process which certainly for larger and more complex properties and businesses usually requires a range of advice on compulsory purchase legislation and process, valuation, landlord & tenant, property, planning, highway, legal and environmental matters.
In my view all landowners, tenants and advisors involved in a compulsory purchase scheme are well-advised to assume that they will have to prove their case for compensation at the Upper Tribunal (Lands Chamber). Although, in most cases, this will not be necessary the prospect of so doing encourages accurate record keeping, the taking of minutes and the preparation of a thorough and well-evidenced claim for compensation all of which are critical to ensure a successful claim. Of course major improvements to our road network are very important for the economy, but landowners and tenants affected by these schemes should be well prepared and take specialist professional advice as early as possible.”
Click here to find out more about the specialist advice we can offer in relation to compulsory purchase & compensation matters.