Recent Developments:
March 2025: Archaeological investigations commenced near Brougham, Brough, Kirkby Thore, and Crackenthorpe.
January 2025: The Court of Appeal dismissed a legal challenge by Transport Action Network (TAN), allowing the project to proceed. Preparatory works, including utility diversions and archaeological surveys, are ongoing.
October 2024: The High Court rejected a legal challenge to the project’s Development Consent Order (DCO), further clearing the path for development.
The Government is yet to make a decision on whether the A66 will be dualled. This will be determined in the forthcoming budget, which is expected to be in June.
A portion of land on the A66 has now been purchased by National Highways. In some circumstances option agreements have expired or were never entered into, and if the land still needs to be purchased, this will need to be done by agreement or through a General Vesting declaration under the Development Consent Order.
Affected parties may be able make a compensation claim which might include Market Value of land taken, Disturbance payments, Severance and Injurious Affection, Professional Fees and Home loss payments.
What are Heads of Claim?
Heads of Claim are the categories under which a person or business can claim compensation when land or property is acquired by a public authority. These heads of claim are guided by the Compensation Code, largely shaped by case law, legislation (like the Land Compensation Act 1961 & 1973), and relevant government guidance.
Common Heads of Claim include:
Market Value of the Land Taken
- Compensation for the value of the land or property acquired, assessed at open market value at the date of possession.
- Based on the assumption of a willing buyer and seller (ignoring the CPO scheme itself).
Disturbance Compensation
- For losses directly resulting from being disturbed from the land. This includes:
- Costs of relocating (removal expenses, legal and surveyor fees)
- Temporary loss of profits or trading disruption (for businesses)
- Costs of acquiring a new property (e.g. stamp duty, agents’ fees)
- Loss of goodwill (in some cases)
Injurious Affection
- If only part of the land is taken and the value of the retained land is reduced (e.g. due to noise, reduced access, or loss of amenity), the owner can claim for this.
Severance
- If the acquisition of part of the land causes a separation that reduces the value or utility of the retained land, compensation is due.
Loss Payments
- Basic Loss Payment: A payment (typically 7.5–10% of the market value) to eligible landowners as recognition of being forced to sell.
- Occupier’s Loss Payment: For owner-occupiers, often calculated based on moving and adaptation costs.
- Business or agricultural loss payments may also apply under specific conditions.
Fees and Costs
- Reasonable professional fees (e.g. solicitor, surveyor, planning consultants) are reimbursable if incurred in preparing and negotiating a claim.
GFW are experts in agreeing compensation Heads of Claim, and general disturbance claims. If you are affected by the A66 Northern Trans-Pennine project and do not have any representation, or feel you are not being appropriately represented, our team of Compulsory Purchase experts can help.
Please get in touch on 0333 920 2220 or click here to find out more about our Compulsory Purchase services.