Compensation

Part 1 Compensation is

Under Part I of the Land Compensation Act 1973 (‘the Act‘), compensation can be claimed by people who own and also occupy property that has been reduced in value by more than £50 by physical factors caused by the use of a new or altered road.”

Physical factors can include:

noise
vibration
smell
fumes
smoke
artificial lighting
discharge on to the property of any solid or liquid substances

The cause of these factors must be the new or altered road.

There are some physical factors which arose during the construction of the road which are not taken into consideration for Part 1 claims. For example; personal inconvenience and loss of view.

When can I claim?

The first day for claiming compensation is a year plus one day after the official opening of the road.

You must claim within 6 years of this date or your claim will not be accepted. Read Section 10 of the Limitation Act 1980.

If you’re selling your property or granting a lease prior to the first claim day, you can lodge a claim with us. This must be done after exchanging contracts to sell and before the completion of the sale of the property. No claims will be negotiated until after the first claim day. There are certain restrictions that fall within this category.

Who can claim?

You can claim compensation if you’re the owner and occupier of:

A residential property

You must either hold the freehold of the property or you must have a lease that has at least 3 years left to run on the date you claim. You must also occupy the property as your home from the date you claim. If you let your property to someone else or if there are any other legal reasons which prevent you from occupying the property then there are exceptions in place.

An agricultural unit

You must be the owner and the occupier of the unit before the new road was available for public use and at the date of your claim.

You must also occupy the whole of the unit and be the freehold owner, or have a lease with at least 3 years left to run from the date you claim.

Other properties

This includes small business owners whose rateable value does not exceed £34,800.

If your property has more than one use, for example; a shop with living accommodation, you can only claim for the living accommodation unless the annual value falls below £34,800.

Contact your council to find out the rateable value of your property.

How to make a claim

Make a claim yourself

Complete a claim form:

Part 1 Claim Form (MS Word, 52KB)

Please make sure the form is accurately and completely completed. No fields should be left blank.

You’ll need to make sure that:

you’re either the freehold owner
or you hold a lease with at least 3 years left to run on the first claim day

If you jointly own the property then all owners must be included on the claim form.

We advise that you keep a completed copy of the claim form and proof of postage just in case your claim does not reach us.

You can post your completed form to:

The Congleton Link Road Project Team (Part 1 Claims)
Highways & Infrastructure
Floor 6 Delamere House
C/O Municipal Building
Crewe
Cheshire

You can also scan and email your completed form to: Part1claimsCLR@cheshireeast.gov.uk

Use an Agent

You can use a professional valuer or an agent that deals with Part 1 claims. They’ll be able to prepare and negotiate the claim on your behalf. We’ll only accept one claim on your behalf.

It’s important that you’re clear about the contract agreements that you enter into with the agent as these could be legally binding.

Your agent should make it clear about what they’ll be doing on your behalf and what costs may be involved in the process.

How will my claim be dealt with?

Once we’ve received your claim form we’ll write to you or your agent, whoever is applicable, and update your details in our management system.

If you or your agent do not receive an acknowledgement letter within 4 weeks, you must contact us to let us know.

Your claim will be checked to make sure that all information and evidence has been provided and we’ll establish whether your claim is valid.

After the successful completion of the checks, we’ll ask one of our experienced valuers to contact you or your agent to discuss your claim further.

The valuer will calculate what effect the use of the road has had on your property, if any, as at the first claim day.

If other works have been carried out as part of the road scheme, for example; noise barriers, the benefit will be taken into account for valuation purposes. This will also include any noise insulation grants or double glazing installed by the council.

If we cannot reach agreement of the amount of compensation payable, you may refer your claim to the Upper Tribunal of the Lands Chamber.

How long will it take for my claim to settle?

We aim to deal with all claims as quickly as possible. You can help the process by providing us with all the relevant information as soon as possible.

If your claim is complex it may take longer.

Contact us