A Brief Guide to Compensation and Mitigation.

Although we remain positive at the ability of our campaign to stop the proposed depot in Romford, now is the time for you to start asking questions as to mitigation and compensation, so that you are prepared for all eventualities. 

 

Whilst compensation may be paid for any reduction in the value of your property, if the requirements of the compensation Code are fulfilled, this will not remove any ongoing discomfort and inconvenience caused by the development.  Steps can be taken to reduce the effects of any such disruption.  These are referred to as mitigation measures, which include sound-proofing affected buildings.  Also acquiring additional land which has become virtually un-saleable as a result of the works or carrying out additional works such as landscaping or noise barriers.  One might also be entitled to expenses for the temporary relocation during construction works.

 

For your information the following is a direct quote from a letter from Mr Gambrill, Head of Public Affairs at Crossrail, to a local resident: 'There is no statutory requirement to provide sound-reducing measures for changes in the noise coming from existing railway lines as a result of the intensification of use'.

 

Compensation is the intention to compensate for loss of market value resulting from the operation of any new project.

 

For your information the following is a direct quote from a letter from Mr Gambrill, Head of Public Affairs at Crossrail, to a local resident: 'Mr Machin, our property manager correctly informed you that the claim provisions of the Land Compensation Act do not apply until after a year the works have been in service'.  The arrangements are law and, therefore, not something that can be changed by this project.  It must be remembered that the intention is to compensate for loss of market value resulting from the operation of any new project which I hope you will understand can only be judged truly once the project is working'.

 

 Crossrail is not expected to be fully operational until 2013, which leads us to believe that residents cannot lodge a claim for compensation until 2014 at the earliest. 

 

Although we are not aware of any plans that Crossrail might have with regard to the compulsory purchase of property, it would be wise to research your rights should this happen.

 

We would strongly suggest you acquire the following free booklets from The Office of the Deputy Prime Minister.

 

Booklet 1 - Compulsory Purchase Procedure

Booklet 2 - Compensation to Business Owners and     

                 Occupiers

Booklet 3 - Compensation to Agricultural Owners and

                 Occupiers

Booklet 4 - Compensation to Residential Owners and

                 Occupiers

Booklet 5 - Mitigation Works

 

Apply to: The Office of the Deputy Prime Minister

              ODPM Free Literature

              PO Box No 236

              Wetherby

              LS23 7NB

 

Phone: 0870 1226 236

Fax:  0870 1226 237

Text Phone: 0870 1207405

E-mail: odpm@twoten.press.net

 

Booklet numbers 1, 2, 4 and 5 are most relevant to residents and businesses in this area.

Please note that this article has been prepared on behalf of the Crossrail Action Group to aid local residents.  They are a guide and are not a substitute for professional legal advice.  Neither the Crossrail Action Group or the author, will accept responsibility or liability for the accuracy of the contents.