Part 1 of the Land Compensation Act 1973 provides that compensation can be claimed for residential property that has been reduced in value due to physical factors such noise and pollution caused by public works, even though no land is acquired. Claims cannot be made until a period of 12 months from the date of opening/adoption.
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 we 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.
Compensation for a claim under the Land Compensation Act is assessed in relation to the property value caused by the physical factors listed above.