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Airport development & expansion claims

Part 1 of the Land Compensation Act 1973 provides that compensation can be claimed by residents who own and also occupy property, near an airport, that has been reduced in value by physical factors such as noise, vibration, smell, fumes, smoke and artificial lighting caused by certain airport developments and expansions.

Claims are made against the company managing the works, usually the airport operator, known as the ‘Responsible Authority’.

If you are affected by a runway or airport development and you would like more information in relation to pursuing a claim under Part 1 of the Land Compensation Act please contact us.

What is the typical reasons for claiming under the Land Compensation Act?

Our clients usually experience increased noise because the runway developments, and on some occasions, can see aeroplanes being diverted closer to properties because of new flight paths. The closer residents are to the runways, the more often they will also complain of dust and fumes. These are the physical factors which reduce the value of the property.

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. Compensation is assessed at a certain ‘snap shot’ in time, one year after completion and first use of the new or altered public works.

Do I need to instruct a Land Compensation Act solicitor?

Disputes concerning Part I of the act claims are determined by the Upper Tribunal (Lands Chamber) which is a Court of Law. There are strict statutory provisions that apply to claims under the Act which if not complied with can prevent you pursuing a claim. We, therefore, strongly recommend that solicitors are appointed and legal advice sought from the outset of a claim being notified to a responsible authority.

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 challenge.

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.

Key contact

Neil Stockdale

Partner

Neil is head of the firm’s group actions and financial mis-selling teams, specialising in handling claims for financial mis-selling relating to energy contracts, pensions, investments and timeshares.

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