Northern Approach Road fight goes to independent inspector (From Gazette)

Northern Approach Road fight goes to independent inspector

10:00pm Tuesday 16th March 2010 in

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AN independent inspector will decide whether residents living near a Colchester road will get more than £2million in compensation.

About 150 homeowners in Mile End are claiming more than £2.25million after the Northern Approach Road was built in 2003.

At the time, those living in roads, including Defoe Crescent, Mill Road, Beaumont Close and part of Turner Road, were told they were entitled to compensation for pollution and noise.

They say the money was to be paid by builder Cofton as part of an agreement with Essex County Council, but Cofton went into administration last year.

Now, many of the residents have hired legal firms to try to get the money from Essex County Council through adjudications by the Lands Tribunal.

Martin Goss, a Mile End borough councillor, said: “Residents need to be paid.

“They have been treated shambolically by Essex County Council for over six years and we need to bring this to a conclusion for everybody.

“Unfortunately, it does look like the taxpayer will end up picking up the tab for this.”

Susanna Morgan, a legal executive at one of the law firms, Cardiff-based Hugh James Solicitors, said it had referred 33 claimants to the independent tribunal, ahead of a June deadline.

She said: “We’re in the process of instructing valuation experts.

“The experts now need to meet our parties and Essex County Council to discuss the case and a statement needs to be produced to the Lands Tribunal by March 31.

“Essex County Council is the compensating authority in this case.”

She said a further hearing would then take place, but there was no date for a final decision.

Essex County Council spokesman Nicola Spicer said: “The council is working to conclude this matter and cannot comment further.”

A freedom of information request revealed that in March 2007 Cofton told Essex County Council it did not agree it was liable to pay the money.

It is believed some money may be recovered from Cofton’s bondsman, which has paid money to the county council’s highways department for street lighting in the area.