Highways England Compensation: Broadway in Chadderton

Nadine Dorries Excerpts

Wednesday 26th October 2016 Westminster Hall

[Mr Hayes]

They were valuation consultants, who are accustomed to dealing with these things and in so doing adopted the appropriate empiricism—indeed, that is their stock in trade—to gauge whether the changes in the values of the properties that the hon. Gentleman has suggested took place could be attributed to any of the environmental factors that would entitle the 32 households to compensation, such as increased vibration, increased noise or even light pollution from headlights shining into homes. Those experts would have taken those things into account, though he will have some good news at the end of my short but fascinating speech along the lines that he has just implied.

The problem is that when those tests were applied, the claim was found wanting. The hon. Gentleman has made the case that the value of the houses has fallen, and I am not in a position to dispute that.

[Nadine Dorries (in the Chair)]

Order. If anyone in the room would like to take their jacket off, they should feel free to do so. The heating is apparently broken. The temperature is about 25° and I think it is going to get hotter, so please feel free to disrobe.

[Mr Hayes]

Ms Dorries, I never remove my jacket, except in the most extreme circumstances. One of those is playing competitive sport, and as I am not doing so, I will not remove my jacket, but I am grateful for your typical generosity and indulgence in giving me permission so to do should I wish to.

As I said, the valuation that was done does not necessarily contradict the hon. Gentleman’s assertions. He has provided evidence that values have indeed fallen, but I suppose the point that I was making—for the sake of emphasis, I make it again—is that according to the expert analysis, the criteria on which compensation could rightly have been paid, according to the basis that applies to all similar schemes, were not met. In essence, that means that there was no loss in property value as a result of the physical factors—I described them earlier as environmental factors—arising from the alterations to the A663. The question is really whether any loss in value met the necessary terms and conditions set out in the Land Compensation Act 1973. In truth, the A663 was already a busy urban route, and a signalised pedestrian crossing was already in place on that road before the roadworks were undertaken. The new access to the school is not in constant use but is used largely at the beginning and end of the school day, as can be expected.

The hon. Gentleman understandably made a point about council tax banding. I was aware of that point. However, it is clear from the council tax decision notice issued by the local authority that the rebanding was due to the presence of a new school rather than the road improvement scheme. Highways England fully accepts its obligations under the 1973 Act and never seeks to deny the payment of compensation that is due, but it has no power to pay compensation that it does not consider to be payable statutorily. Highways England has accepted the views of its valuation consultants and no claim has been paid with regard to the A663 junction improvements, and he will know that the claimants were advised accordingly in March 2015. He made reference to the possibility of appealing, and he will know that the Act allows a claimant who disagrees with the amount of compensation offered by the relevant authority—in this case Highways England—to refer their claim to the lands chamber of the upper tribunal for independent determination. Claimants have until 25 September 2019 to make reference to the tribunal in this case.

As is my wont, I am going to go a little further than I have been advised to do. As I said at the outset, I have been impressed by the hon. Gentleman’s diligence in bringing this matter forward, and I was an admirer of his predecessor, as I have also made clear. If I—like you, Ms Dorries, and the hon. Gentleman—put myself into the place of those affected, I feel a duty to share his and their perspective as much as possible. My second piece of advice to the hon. Gentleman, therefore, is that he obtains a further independent assessment of whether the alleged loss of value can in any way be attributed to the work that has been done and therefore fits the criteria laid out in law. If he brings that to me directly and personally, I will commit to looking at the matter again. That would not oblige the residents to seek a tribunal hearing, which I appreciate is expensive, and it would give him an opportunity to take the matter further. If the criteria cannot be met—or if evidence cannot be brought that they may be met—it will clearly be difficult for me to help him or those residents.

The hon. Gentleman wants to do the right thing by those residents, and I do, too. These debates must have a purpose in holding Ministers to account and encouraging them to go the extra mile to support colleagues from across the Chamber in representing the wellbeing and interests of their constituents.