Information for businesses affected

Meetings have been held with owners and occupiers of the commercial premises at Bridge Close. The most recent meeting took place on Tuesday 24 April at 6pm. The presentation is available to download here .

Following this meeting one to one meetings have been scheduled to meet with the team to discuss in detail the options available as well as the support that you and your staff will be provided.

If you haven’t scheduled in a meeting, please contact the team by email to arrange this.

Newsletters for businesses affected

May 2018 Newsletter (PDF)

Frequently Asked Questions for businesses affected

Below are responses to the frequently asked questions received from businesses from Bridge Close who are affected

1. At what point should we be logging time and expense spent on planning and advise on sale of properties?

The joint venture is prepared to meet the reasonable cost of any professional advice you incur in agreeing terms for the sale of your property, including their value.  However, fees should be agreed with your advisor in advance of them being incurred.  If they are not agreed in advance of being incurred, the JV gives no assurance that your advisors fees will be paid.  The JV is currently reaching fee agreements with surveyor advisors.

2. Can a claim be made for representation of legal services providing professional advice on opposing  the planning application?

Objections to a planning application and/or CPO are not compensatable under the statutory compensation provisions. The JV will also not be reimbursing fees for objecting to the planning application, or CPO, on a discretionary basis.  However, if your objection to the CPO is successful at Public inquiry, you may be awarded your costs.

3. Can a claim be made for time spent searching for alternative properties, how is this time quantified ie: internet search, estate agent search, surveying costs?

Compensation payments will be assessed in line with the statutory code.  Under that code, only a person/business with a compensatable interest in land and/or in legal occupation can claim compensation.  Therefore time spent searching for alternative properties by individuals not entitled to claim compensation in their own right will not be recoverable.  Costs or losses incurred by those able to claim compensation will be compenstable, as long as they meet the normal tests of disturbance compensation.  i.e. they are a natural and reasonable consequence of the acquisition and are not too remote.  Any costs or losses incurred will need to be evidenced.  Please note that simply spending time looking for properties is not sufficient in itself to support a claim.  There must be evidence of cost or loss.

 4. Agreeing costs in advance, ie surveying fees – will you agree to a maximum sum to each survey carried out on new properties?  Bearing in mind we may not complete on the property due to circumstances beyond our control?

The reimbursement of costs will reflect the cost actually incurred, as long as that cost is reasonable.  If the cost of a survey is incurred reasonably but, due to circumstances beyond your control, you are unable to purchase the surveyed property, both the cost of the abortive survey and any subsequent survey for a property you do purchase will be reimbursed.

5. What can we claim for?

This will vary dependent on your personal circumstances.  Your professional advisor will be able to compile a claim for compensation on  your behalf.  As a general guide, please see para 2.55 of the attached booklet ‘Compulsory Purchase and Compensation: Compensation to Business Owners and Occupiers’.  Although the booklet was written a number of years ago and is slightly out of date, it nonetheless contains useful information which you may find helpful.

6.Is there a limit to what can be claimed?

In principle, any loss reasonably incurred by a dispossessed owner as a result of compulsory acquisition can be claimed, provided that it is a natural and reasonable consequence of the owners dispossession and the loss is not too remote.  However, the assessment of disturbance compensation in particular can be complex and is subject to the application of a number of legal principles that are not always easily defined or applied.  We therefore recommend you seek professional advice from a surveyor with experience of compulsory purchase and compensation in relation to the quantification of your claim.

7. How does this need to be presented for valuation?

Your claim should be clearly presented under individual heads of claim and fully evidenced. We recommend you seek professional advice from a surveyor with experience of compulsory purchase and compensation in relation to the presentation of your claim.

8. If staff are paid overtime do you need payslips?

If a claim is made for staff overtime, this needs to be justified by an explanation of why overtime was paid and evidenced by payslips.

9. Who values the time and expense claim?

All claims for compensation will be assessed by the JV’s surveyor, who will then discuss and try to agree the claim with your surveyor.

10. Can you provide us with a list of time and expenses we can claim for?

Please see responses to questions 3 and 5.

11. Can you provide us with a sample claims form?

The Government’s model claim form is available on request.

12. Can we claim expenses throughout the process?

Your advisor’s reasonable agreed fees will be reimbursed throughout the process.  The time at which other agreed compensation will be paid will depend on whether or not you reach an agreement with the JV/Council and the particular terms of the agreement you reach. An agreement could allow for staged payments over a period of time.

If you do not reach an agreement and are subject to compulsory purchase, you will not be able to claim staged payment of compensation throughout the process.  You will however be entitled to make a request for an advance payment of compensation.  The earliest date that a requested advance payment could be made (at the Council’s discretion) is the date any future CPO is confirmed.  The earliest date by which a requested advance payment must be made is the date notices to acquire your property under the CPO are served.  This will normally be 3 months before your property is acquired.  Any advance payment made will equate to 90% of the Council’s estimate of compensation.  The payment pf the balance of your compensation will be subject to agreement at a later date.