The Welsh Assembly confirmed today that we have been successful on behalf of a client in obtaining re-payment of professional fees. This followed a lengthy public Inquiry last autumn into a road scheme through our client's farm.
We were successful in obtaining various vital modifications to the scheme which the Highway Authority were not prepared to concede through negotiations. This meant that the impact on our client's farm was considerably reduced. Now the client has the satisfaction of knowing he will get a major contribution to his costs from the Highway Authority.
It just remains now to deal with the compensation for the land taken. This will comprise compensation for the land taken, the effect on adjoining land and any land cut off by the scheme. This is known as Injurious affection and Severance.
In addition the client will be entitled to compensation for Disturbance which covers such items as crop loss, client's own time, loss of single farm payment, disturbance and inconvenience during the build period and similar matters. Finally he is entitled to re-cover reasonable legal and Valuers fees in dealing with the claim.
The first task is to agree advance compensation with the District Valuer who is acting for the Highway Authority. This is the Highway Authorities reasonable estimate of what the compensation might be and is payable on or shortly after entry. This is vital as it may take many months or sometimes even years to finalise the claim and currently no interest is payable on compensation. (It is payable at 0.50% under bank base rate, so 0% at present!) You can keep going back for further advance payments as additional compensation is agreed. The initial advance payment is usually a fraction of the final claim, but at least it is a start.