Land compensation Act
Environmental law
solicitors at Hugh James are specialist land compensation lawyers
who represent residents under Part 1 of the Land Compensation Act
1973.
Land Compensation Act 1973
Part 1 of the Land
Compensation Act 1973 provides that compensation can be claimed by
residents who own and also occupy property that has been reduced in
value by physical factors such as those caused by public
works close to that property.
Read Court of Appeal closes loophole in land
compensation act
What constitutes
public works?
Public works include any work on roads
and highways, airports and any other works on land provided, or
used in the exercise, of statutory powers, including changes of
use.
Typical example of public works in relation to road
developments could include the widening of existing roads, the
provision of an additional carriageway and a new motorway lighting
schemes. In the case of airport
expansions and development, as well as the construction of new
runways, public works includes extending or substantially
realigning existing runways or taxiways or the addition of new or
extended aprons.
What are the physical factors of public works?
The Land Compensation Act
defines the physical factors as noise, vibration, smell, fumes,
smoke, artificial lighting and the discharge of any solid or liquid
matter onto a local resident's property.
In the case of new or
widened roads, the majority of claims our land compensation
solicitors have dealt with result from an increase in noise
levels, although we are aware that other physical factors may also
be apparent. Artificial light, both from vehicle headlights and
street lighting, can cause considerable nuisance, and can result in
a diminution in value, especially in rural areas where, previously,
there was no light interference.
When should I make a claim under the Land Compensation
Act?
There are time limits for
making a claim under the Land Compensation Act and a complex array
of statutory provisions also apply. If you believe that you
may have a claim under the Land Compensation Act, we recommend that
you seek legal advice as soon as possible.
How will the compensation be assessed?
Compensation for a claim under the Land
Compensation Act is assessed in relation to the property value
and the loss and disruption caused by the physical factors listed
above.
Do I need to instruct a Land Compensation Act solicitor?
Disputes concerning Part I of the
act claims are determined by the Lands Tribunal
which is a Court of Law. We therefore recommend that solicitors are
appointed.
If you are affected by a scheme of public
works and you would like more information in relation to pursuing a
claim under Part 1 of the Land Compensation Act please contact us
by completing our enquiry form.
How can I fund a claim?
At Hugh James solicitors
we appreciate that it is often difficult to fund legal actions and
so when possible and appropriate our environmental law solicitors
are able to offer free initial specialist
environmental law advice about starting a legal
challenges.
Our skilled and
experienced environmental law solicitors have handled many
thousands of claims under the Land Compensation Act 1973 and we can
arrange to deal with suitable claims on a ‘no win no fee’
basis.