What compensation is available for properties that are affected by the scheme?
A Where land for the scheme is required from the property, the compensation will cover the value of the land taken, the depreciation in the value of the land retained, disturbance and removal fees. Compensation can be claimed as soon as the Council serves a Notice to Treat seeking to acquire the land. Where no land is required from the property, the right to compensation is set out in Part 1 of the Land Compensation Act 1973. Compensation is based upon the depreciation in the value of the property due to the “physical factors” caused by the use of the public works. The seven physical factors are noise, vibration, smell, fumes, smoke, artificial light and discharge into the land of any solid or liquid substance. Claims cannot be made until 12 months after use of the scheme first commenced and the Councils will advertise this in the local press at the time.
