Traders in Bath are facing months of disruption as Bath and North East Somerset Council (B&NES) re-organises traffic priorities at the notorious Widcombe pinchpoint.
Charlie Overs, compensation surveyor with commercial property specialists Bruton Knowles, said: “B&NES has been putting up signs warning traders and motorists alike of the congestion and disruption which is expected to impact on Widcombe until November.”
But traders who find their takings have been hit will not be able to make a claim – unlike similar businesses in the neighbouring spa town of Cheltenham.
Charlie Overs explained: “In Cheltenham businesses are also facing an extensive programme of roadworks, and are similarly expecting trade levels to drop off significantly while roads are closed.
“But unlike Cheltenham the Bath traders will not be able to claim compensation for losses incurred as a result of these street works.”
The discrepancy is down to a difference in the legislation enabling the works to take place.
“As a general rule it is deemed that compensation is not payable to a business if it is affected by road works because businesses do not have a right in law to any particular given level of passing trade.
“Traders must take the risk of loss caused by temporary disruption to passing traffic along with all other various risks of running a business. However, the statutory powers bestowed on some utilities do give rise to the opportunity to submit a claim for certain losses to their business.
“Therefore businesses in Cheltenham who suffer disruption as a result of ongoing utility works are able to make a claim under the relevant enabling Act but businesses in Bath, subject to disruption carried out by the local Highways Authority, do not have similar recourse under the New Roads and Street Works Act.”
Charlie Overs said that it might be possible to bring a claim against the Highways Authority if the loss of business was as a result of negligent action by the Highway Authority or their contractor.
It would also be worth a business considering applying to the council for a reduction in business rates during the period of the road closure.
The popular out of town shopping street is facing five months’ of disruption as B&NES seeks to make Widcombe Parade more pedestrian friendly and improve the public realm.
Rossiter Road will become a bypass carrying two-way flowing traffic. Widcombe Parade will remain one-way under the new scheme but will flow eastbound rather than Westbound.
Meanwhile, Kelston Road remains closed after a landslip and there are still temporary traffic lights along the Midford Road prior to work starting next month.
Charlie Overs concluded: “All this adds up to a summer of queues and discontent for motorists and reduced trading levels for the occupiers.”
