Highways England: Notification of A12 roadworks

As a resident, am I entitled to compensation due to this scheme? 

Highways England is not obliged or required to pay compensation for disruption, inconvenience, costs or losses caused by roadworks.

This is because the work it does, that of maintaining and improving the highways for all to use, is considered a statutory duty on behalf of the Secretary of State for Transport as covered under section 278 of the Highways Act 1980.

Will my business be entitled to compensation due to loss of trade?

Highway works ultimately benefit the whole community. Occupiers of premises may be entitled to compensation if something is done improperly (for example, the blocking of access without authority), but not otherwise.

Businesses have no right in law to any given level of passing trade and may suffer temporary loss owing to disruption of traffic flows. Trade may fluctuate for a variety of reasons, and accurately assessing the losses directly attributable to works in the highways can be difficult. There is, too, an element of 'windfall' profit and loss; often when one trader suffers a rival business in the neighbourhood stands to gain customers as a direct result of the same works.

There are no plans to introduce legislation to create legal liability to compensate anyone for loss of trade when a highways authority properly executes road works under its statutory powers.

What has been done to inform local businesses about the impact of the road works?

In advance of the works commencing, letters have been sent to all businesses, local authorities, local councillors and MPs in the locality of the works, together with other affected parties, such as emergency services.

For more information and updates visit Highways England's website.