The leader of Cheshire East and a fellow councillor are among hundreds of residents considering claiming compensation from the council.

Coun Wesley Fitzgerald and  Coun Frank Keegan could seek payouts over claims the Alderley Edge bypass will devalue their homes. Their potential claims came to light after  a full council meeting where members agreed  to add £3m to a fund already set up to cover costs arising from the bypass, including compensation claims.

That decision  doubles the council's existing contribution to the bypass costs. 

Both Tory councillors  declared personal interests and took no part in the debate. Although they were not ask to explain their interests at full council, they had told a Conservative Group meeting of their plans beforehand.

Coun Fitzgerald lives on Ashford Road, Wilmslow, less than 500ft from the bypass.

Last night Coun Fitzgerald said: “My neighbours and I have been approached by several firms specialising in financial claims for people affected by large developments, such as the Alderley Edge Bypass.

“As leader of the council, I must be above suspicion. Everything I do has to be seen to be transparent, open and honest. Although I have reached no decision yet as to whether I will go forward with a claim, I felt I needed to declare an interest now in anything pertaining to compensation for home owners affected by the construction of the bypass.

“This is why I took no part in the decision at the recent council meeting and left the room while the agenda item was discussed.”

The council hopes to find the extra £3m by selling land and buildings it owns – but if that doesn't cover costs it will resort to a loan.

Coun Fitzgerald told the Express in February the council must  make £11.42m of budget cuts over the next two years.

A surveyor has already assessed Coun Keegan's Brook Lane home.

He said: “I do plan to claim for devaluation of my home   which  is very near the bypass. A judge will assess damages. I am leaving that to the experts.

“I think councillors have as much right to claim   and should be treated no differently from other members of the public.”

He said he felt the bypass was necessary to ease traffic through the village but added: “I have never voted on the matter or taken part in campaigns to get the bypass built.
When I moved into my home 25 years ago it did not look likely it would go ahead.”

Compensation  claims can be considered from November 20 and for six years afterwards.

Chartered surveyor Colin McCullough who owns Peter Almond and Partners Ltd in Macclesfield is looking at 180 claims, although he says not all of them will be viable.

He believes about 500 claims will be submitted to Cheshire East  Council,  most of them under the Land Compensation Act 1973, citing devaluation of property by  noise, artificial light or dirt and dust.

He added: “The last few claims I’ve been looking at have been from £30,000-£60,000.  The council’s surveyors will look at the claims and decide if they are fair and there will be negotiations.

“I would hope there will be a completion by November 2012. The council will have mitigated many claims because they have had strong environmental policies with the bypass.”

Coun Michael Jones, Cabinet member with responsibility for resources, said: “As the portfolio holder responsible for finance, I want to be totally honest and clear in regards to this situation.

“This was a key and major scheme for Cheshire East and the £3.1m estimate has been agreed to cover the worst case scenario.

“Rigorous checks, against very rigid criteria, will be used to judge every single claim that we receive.

“Each will be passed for independent assessment and if a claim is agreed, a settlement will be negotiated between the homeowner and the council.

“If an agreement is not reached, then the claim will go to a tribunal.

“I will be keeping a close eye on this whole process as it progresses and will be updating relevant parties when it is appropriate.”