Firms near Wellington M5 roadworks seek compensation

Junction 26 of the M5 and the nearby Chelston Link Road are currently closed for a GBP5.7m upgrade, with traffic seeking to reach Wellington[1] being diverted onto the A38 near Taunton or Tiverton until the end of September. Taunton and Wellington[2] MP Gideon Amos has been pushing the government for months to implement compensation for small businesses and charities who lose income as a result of major or long-running roadworks. Despite failing to secure this as an amendment to the government's Planning and Infrastructure Bill, such a demand could resurface as part of changes to the same Bill as it goes through further scrutiny in the House of Lords.

Mr Amos made his most recent plea during a Westminster Hall debate on rural businesses on June 18 - just three days after the Wellington roadworks got under way. He said: "When we talk about rural business, we are talking about the lifeblood of our countryside. "In Taunton and Wellington, and across Somerset, businesses are not just economic units but the backbone of our communities.

"Transport is a key concern, which is why the Liberal Democrats proposed an amendment to the Planning and Infrastructure Bill that would have provided compensation for rural firms, such as Apple Campers, Western Recovery Services and TLC, that are losing business due to the closure of junction 26 on the M5 for three whole months under National Highways' requirements. "Rural businesses do not ask for special favours. All they ask for is fairness and for a level playing field for infrastructure, support and services."

Under the Land Compensation Act 1973, compensation can only be paid out for property damage or loss of land value as a result of roadworks. Mr Amos previously attempted to rectify this by introducing a new clause into the Planning and Infrastructure Bill at its committee stage on May 22. This 'clause 21? would have required the government to provide support for small businesses and charities which "suffer a material financial, access or other detriment" as a result of roadworks - such as those affected by the ongoing Celebration Mile construction in Bridgwater town centre.

Mr Amos stated at the time: "Several small businesses on the Foxmoor Business Park, which depend on daily access to the M5 corridor, will see that closed off for up to three months. "A scaffolding company showed me its estimates; it expects to lose around GBP14,000 over that three-month period. This is not speculative; those are real impacts.

"A whole series of other companies will be affected: Adler & Allan, Moss Joinery, Apple Campers, Weston Recovery Services and TLC Garage Services and Recovery. "Many of those have emergency services contracts with the police, the RAC and the AA. They are required by the police to be on-site, on the motorway, in 30 minutes.

"They will lose that business because they will no longer be able to get on to the motorway, because the motorway junction they are situated on will be closed. They are eligible for no compensation at all, despite those significant losses. "We believe that infrastructure investment must balance public benefit with the private burden that they often incur.

"This is a targeted measure that would introduce pragmatic, proportionate reform, and means to support businesses that are being hardest hit during the delivery of major projects." Housing and planning minister Matthew Pennycook MP responded: "Successive governments have taken the view that businesses should not have the right in law to any particular given level of passing trade, and that traders, or other organisations, must take the risk of loss due to temporary disruption of traffic flows along with all of the other various risks of running a business or organisation. "The same businesses or organisations may also profit from new developments once works have been completed.

"If planning permission is needed, affected organisations can express concerns as part of that process if they are worried about how works will affect them.

"Temporary traffic regulation orders are needed for some road closures, and affected organisations can also express concerns as part of that process to the relevant local planning authority."

The committee voted against including Mr Amos' clause within the Bill, which cleared the House of Commons on June 10 and is due to have its second reading within the House of Lords on Wednesday (June 25).

References

1. ^ Wellington (www.somersetcountygazette.co.uk)
2. ^ Wellington (www.somersetcountygazette.co.uk)