Land Compensation Act

Environmental law solicitors at Hugh James is specialist land compensation lawyers who represent residents under Part 1 of the Land Compensation Act 1973.

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.

The 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 include 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 the 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 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.

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