Compensation claimants looking for payouts over the Alderley Edge bypass are taking legal action against the council.

A surveyor dealing with claims agreed by Cheshire East has said it’s undemocratic that the claims have not yet been paid.

Cheshire East revealed in September that 305 residents had made claims since the bypass opened in 2010.

They are able to claim under the Land Compensation Act and say the road has devalued their homes through factors including noise, artificial light and dust.

Coun Frank Keegan, ward councillor and a parish councillor who lives on Brook Lane, and Wilmslow councillor Wesley Fitzgerald, who lives on Ashford Road, are among the claimants.

Claimants became suspicious after Cheshire East ordered a review of all claims earlier this year. In a letter to surveyor Colin McCullough, of Peter Almond and Partners in

Macclesfield, who is looking at 150 claims, the council admitted it was looking again at its budget.

In 2008 a council report stated that £10.1 million was to be set aside for payments and The Express reported last October that Cheshire East added £3m to the fund.

Mr McCullough, who has 40 years’ experience dealing with compensation from road schemes, has said he expected payments to have been made by now.

Now he is taking legal action against the council.

Mr McCullough said:  “The council has agreed 45 claims but has not paid them and is not prepared to negotiate the balance. It’s undemocratic and we’re taking legal action.”

Claimants fear the council is stalling because reforms to legal aid are due in April 2013.

One claimant, who received an offer for £32,000 but wants to remain anonymous, said: “Only people who can afford it will claim.

“I was told the money would be paid in six months but now we don’t know what’s going on, we’re worried.

“The council looked at this before the bypass was built so they knew what was coming.”

The council insists it has the tax payers’ interest at heart and all legitimate claims will be paid.

A spokesman said the council is still processing claims.