Over 1,000 claims for compensation from Southend Airport due to loss in value of homes, because of aircraft noise
Southend Airport – which has had a huge and very rapid rise in the number of aircraft using the airport over the past year – has received more than 1,000 claims for compensation over aircraft noise. Homeowners nearby are concerned that the airport is reducing the value of their properties, due to the noise. The airport has said it will honour residents’ compensation claims if it is proven their homes have lost value because of its activities. Jon Fuller, of local group SAEN (Stop Airport Expansion and Noise) said that estate agents are giving strong indications local residents must expect many thousands of pounds less than they expect when they sell their homes. Though house prices in the area are generally fairly buoyant, if houses are close to the airport or on the flight path prices are suppressed. The airport’s CEO, Alistair Welch said people can make a compensation claim up to a year after the new terminal is finished. Surveyors, Michael Marriott, who are helping people submit claims say they can only claim for nuisances arising from the use of the runway extension. Nuisances arising from the use of the airport which do not depend upon the extension will be disregarded.
The airport’s website on this is at http://www.southendairport.com/part-1-compensation/
Claims could only be made after 9th March 2013, for 6 years. So the end of the claim period is March 2019.
Southend Airport: Payment on proven compensation claims
5 May 2013 (BBC)
An airport has pledged to honour resident’s compensation claims if it is proven their properties in Essex have lost value because of its activities.
More than 1,000 people have issued claims against Southend International Airport where flights have increased.
Passenger numbers are climbing and have reached 700,000 in the past year bringing many extra flights.
Managing director Alastair Welch said the airport would meet its obligations if claims for compensation are upheld.
Jon Fuller, of Stop Airport Expansion and Noise, said: “Estate agents are giving us very strong indications local residents must expect many thousands of pounds less than they expect when they sell their homes.
“House prices in this area are generally fairly buoyant but as soon as they are close to the airport or on the flight path prices are suppressed.”
Resident Freddy Hubbard is making a claim because he wants to sell up to emigrate to Australia where his daughter lives.
“We have to raise a certain amount of money so we’re selling the house,” he said.
“But because of the airport, prices are falling and now it depends on what we can get.
“If we cannot get what we need we’ll have to take holidays in Australia instead.”
Mr Welch said: “People who believe they are entitled to compensation can make a claim up to a year after the new terminal is finished.
“Each claim will be subjected to a detailed and thorough assessment.
“But we will certainly meet our responsibilities if those claims are proven.”
BBC on 16th May on compensation – including short video http://www.bbc.co.uk/news/uk-england-essex-22554104
950 homeowners seeking compensation from Southend Airport
21st March 2013 (Southend Echo)
ALMOST 1,000 homeowners have submitted compensation claims to Southend Airport for a loss of value to their homes – with hundreds more expected.
Surveyors submitted at least 950 claims from people who believe the extension of the airport’s runway has cut their house price in the first week since applications opened.
Chartered surveyor Michael Marriott, who submitted more than 650 claims on Monday and is preparing to hand in about 50 more, said: “It’s quite evident that there is a significant number of people who are feeling aggrieved enough to make a claim.
“There are clearly more than 700 people who have concerns about it.
“Our experience of this is that it will continue because neighbours speak to one another.”
The airport has to compensate householders who can prove an increase in noise, vibration, dust, smell, light pollution, discharge or fumes as a result of the airport’s expansion has devalued their homes, under a law called the Land Compensation Act.
Applications opened on March 9, the day after the anniversary of the runway extension opening.
CLAIM UNDER PART 1 OF THE LAND COMPENSATION ACT 1973 (AS AMENDED) LONDON SOUTHEND AIRPORT RUNWAY EXTENSION.
Michael Marriott – Chartered Surveyors
You have an entitlement to claim compensation for the diminution in the value of your property if you think your property is affected by nuisances arising from the newly extended London Southend Airport.
We do not know at this stage if any diminution in value will be caused. Once all the information is collated including noise statistics a clearer picture will emerge on the likelihood of any compensation payment.
You are only able to claim for those nuisances arising from the use of the airport due to the runway extension. Nuisances arising from the use of the airport which do not depend upon the extension will be disregarded.
The nuisances for which you can claim relate to the following physical factors:- noise, vibration, smell, fumes, smoke, artificial lighting, and discharge of any substances on to your land. No other physical factors will be considered.
For further information contact us or see www.legislation.gov.uk/ukpga/1973/26.
Homes under Southend Airport flightpath urged to make compensation claims
11th April 2012 (Southend Echo)
THOUSANDS of people may get compensation payouts for living beneath the flightpath of an expanded Southend Airport, it has been claimed.
Residents across Leigh have been sent letters from chartered surveyor Michael Marriott telling them their homes may have lost value as a result of the airport’s runway extension.
The extension, which was completed earlier this year, allows larger aircraft, such as those operated by budget airline easyJet, to use the airport as a base to fly to scores of European destinations.
The letter states: “The value of your property may be depreciated due to the extension of the runway at the London Southend Airport. You are entitled to claim compensation due to the use of the airport, so long as you are the owner of the property.”
It also points out residents are entitled to free representation.
Caroline Parker, a Leigh town councillor, believes residents should be entitled to compensation as she has been told her home could lose £25,000 in value due to the airport.
She said: “When I moved here three years ago, I didn’t know my house was under the flightpath.
“If I had known I probably would not have moved there.
“I was delighted when the letter came through the door, because it is something I am concerned about and I believe we should claim compensation.”
Roy Viney, 74, of Tankerville Drive, Leigh, who has lived beneath the flightpath of the airport for 46 years, said he hadn’t noticed an increase in noise or disruption since the new flights began. But he said he might be tempted to claim compensation. He said: “It never occurred to us to claim compensation but if we can get some we might go for it.”
Pat Seago, from the same street, said: “When I moved here six years ago, I had no idea it was under the flightpath.
“The planes can fly very low, and when they do it is so noisy in the house. I would consider finding out more about compensation, because you don’t invest in a house and then expect it to devalue.”
Chartered surveyor Michael Marriott said: “We do not know at this stage if any devaluation will be caused.
“Once all the information is collated, including noise statistics, which are expected to be taken later this year, a clearer picture will emerge on the likelihood of a compensation payment.
“You are only able to claim for nuisances arising from the use of the airport due to the runway extension, which relate to noise, vibration, smell, fumes, smoke, artificial lighting and discharge of any substances on to your land.”
More news about Southend at
Information on compensation from the Southend Airport website:
Part 1 Compensation
What is Part 1 Compensation?
Under Part 1 of the Land Compensation Act 1973 (‘the Act’), compensation can be claimed by people who own and also occupy property that has been reduced in value by more than £50 by physical factors caused by the use of a new or altered runway.
The physical factors are noise, smell, vibration, fumes, smoke and artificial lighting and the discharge on to the property of any solid or liquid substance.
The cause of the physical factors must be the new or altered runway in use. Other factors such as loss of view or privacy, or personal inconvenience are not included under Part 1 compensation.
When can someone submit a claim for Part 1 Compensation?
The first day for claiming compensation is a year and a day after the extended runway came into use (known as the ‘first claim day’). The extended runway at London Southend Airport first came into use on 8 March 2012, so the first claim day is 9 March 2013.
Exactly who can submit a claim for Part 1 Compensation?
To claim you must have been the owner of the property before the date the extended runway at London Southend Airport first came into use – sp 8March 2012.You must also still be the owner on the date you claim.In addition to being the owner, you must also occupy the property as your home at the date you claim. The exceptions to this are where you have let the property to someone else or there is another legal reason preventing you from occupying – for example, there is a court order in place which removes your right to occupy the property.
You must be the owner and the occupier before the extended runway first came into use and at the date you claim.You must occupy the whole of the unit and own the freehold or a lease with at least three years left to run on the whole or any part of the unit at the date of claiming.
Small business premises are an example of the type of property that falls into this category. If the property is a shop with living accommodation above, you can claim for the living accommodation. You may also claim for the business part of the property provided that the business part has an annual value of not more than £34,800.
Can I claim if I inherited my property after the runway was extended and first came into use?
Yes, provided that the person from whom you inherited the property was the owner before the date the extended runway first came into use. Also on the date you claim, you must also be the owner of the inherited property. Ownership does not pass by inheritance immediately on the death of the previous owner. Further, being named as beneficiary in a will does not mean that ownership has transferred. You are the owner only when the legal title of the property has passed to you. You must also occupy the inherited property at the date you claim, if you have a right to do so, even if you still have another property to live in.
Can the personal representatives (executors/administrators) of a deceased person make a claim?
No. They obtain legal title by operation of the law and not by inheritance. As they have not inherited, they cannot take the benefit of those provisions described above.
How does someone submit a claim?
You can make a claim yourself or ask someone to do this for you. Most people prefer to use a professional property valuer or an agent who specialises in Part 1 Claims to prepare and negotiate the claim on their behalf.
Using an agent to act on your behalf
It is quite possible that one or more agents offering to act on your behalf have already approached you.
London Southend Airport will need to be satisfied that an agent has been authorised to act for you. We do this by asking that you either sign the claim form or that your agent provides other signed evidence that you have authorised him or her to act on your behalf.
We can only accept one claim on your behalf.
We have no authority over the agent you employ or any responsibility for his actions or conduct. This includes the terms of any contract or agreement between you and your agent, the contents of your agent’s literature and the way in which your agent may ask for payment of fees from you. We cannot comment on the terms of an individual contract or agreement, which are private matters between you and your agent. For these reasons, it is important that you are clear about the contractual arrangements you enter into with your agent, which could be legally binding. You should also be clear about what an agent will actually do on your behalf and what payments and other costs you may be asked to meet. This includes any charges if your claim is not successful or if you choose no longer to employ the agent. It also includes any other payment in addition to any specific fee we repay.
We will refund what we consider to be reasonable valuation expenses incurred by you to employ an agent to prepare and negotiate your claim. We shall repay only one set of agent’s fees. You need to keep this in mind if you consider changing your agent during the processing of your claim. The repayment of your agent’s fees will only happen if your claim is successful and compensation is to be paid.
If we make a formal offer of compensation to you, we will also show separately the fee which will be due to your agent. This will be paid to you as part of the overall claim for compensation and it will be for you to settle with your agent.
How is a claim dealt with?
We will write to acknowledge receipt of a claim form to the person submitting it. It is important that you, or your appointed agent, contact us if an acknowledgement letter is not received within 6 weeks of your claim being sent to us.
Your claim will be checked to see that all necessary information has been provided. Other checks will be carried out to establish that your claim is valid.
Once our initial checks are successfully completed, one of our valuers will contact your agent (or you if you act for yourself) to discuss your claim.
Please note: whether you act for yourself or use an agent, it is important that you do not enter into any financial commitment in the hope that you will receive compensation. This is because:
- Something may arise during the processing of your claim that could lead to it being rejected
- The amount of compensation offered to you may be less than you claimed or no compensation will be offered to you if your property has been devalued by less than £50;
- If your property is mortgaged, we are required by law to offer the compensation to the mortgage lender to reduce the amount you owe them. They may decide not to accept the compensation and it will be paid to you.
How is compensation worked out?
Our valuer will assess the impact of physical effects arising from the use of the extended runway against the value of your property based on property prices current on the first claim day.
The compensation will be assessed based on the amount of traffic using the extended runway at the first claim day and will also take into account any future increases in traffic that can reasonably be predicted at the first claim day.
We may have already undertaken to provide noise insulation for your property or to pay a grant towards its installation. If so, the benefits of the insulation will be taken into account and it will be assumed for valuation purposes that it has been installed.
If an amount of compensation has not been agreed or our valuer recommends that no compensation is payable, we shall then write to you to tell you that and inform you that no further action will be taken.
If you disagree with our decision, you may refer your claim to The Upper Tribunal (lands Chamber) for determination.
So what does the person claiming have to pay for?
If your claim is successful, we will pay:
- The agreed compensation for the decrease in value of your property due to the “physical factors”
- Interest on your compensation. This is based on statutory rates current at the time. This will be calculated from the date on which the claim was first received by us to the date your compensation is paid.
- The reasonable fees of your agent
- If our simple ownership check at Land Registry is unsuccessful, the reasonable costs of a solicitor to prove your ownership of the property, including the costs incurred to retrieve title deeds
- Any other cost for proving title will have to be met by you. Your solicitor will be asked to invoice us for their costs, which will be paid after your compensation has been paid.
Even if your claim is successful, we will not pay;
- Any charges your agent may seek from you that are additional to the reasonable fees agreed by LSACL for the preparation and negotiation of your claim;
- The fees of more than one agent;
- Solicitors costs that have been unnecessarily incurred for proving your ownership of the property;
- Any charges made by your mortgage lender relating to our legal obligation to offer the compensation to the lender before you.
If your claim is not successful, we will not pay any:
- Agent’s fees
- Solicitor’s costs.
What can someone do if there is a dispute about their claim?
We hope we will reach an agreement. But if we cannot, you may refer your case to The Upper Tribunal (Lands Chamber).
The Upper Tribunal (Lands Chamber) is the court of law appointed to deal with this type of dispute. The tribunal will make the final decision on your claim but you should be aware that it has power to award costs to either party, so it is wise to take professional advice before referring your claim.
It is important that you make your referral no later than six years from the firs claim day.
Is there a time limit on claiming?
Yes. The Limitation Act 1980 says a person whose property has been reduced in value by more than £50 by physical factors caused by the use of a new or altered runway must, within six years of the first claim day:
- Either agree an offer of compensation (made by us) or,
- If agreement cannot be reached, ask The Upper Tribunal (Lands Chamber) to decide the amount of compensation.
After that six-year ‘limitation period’, we can no longer be ordered to pay compensation.
If someone is making a claim and they have a query, who should they contact?
Please either write to us at:
The Estates Surveyor
London Southend Airport
Southend on sea
Much earlier – a bit of history:
Huge opposition to Southend airport expansion revealed
5.11.2009 (SAEN – Southend’s Stop Airport Expansion Now – press release)
The “Stop Airport Extension Now” (SAEN) campaign is today celebrating success
in forcing Rochford District Council to reveal the results of a consultation into
plans to expand Southend Airport.
Initially, Rochford Council refused to release the figures, claiming that it
was not in the public interest to do so. However, following a Freedom of Information
appeal by SAEN, the Information Commissioner ruled that the Council must publish
The results have now appeared on the Rochford Council website. They show that out
of 2229 respondents, 1718 (= 77%) had objections to the Joint Area Action Plan
with 437 of 572 (76 %)specifically opposing the runway extension. The figures
are slightly confused by many respondents having submitted more than one comment.
Denis Walker, press officer for SAEN, said “It’s a pity Rochford Council wanted
to hide these figures from the public. It’s only through the determined work of
the SAEN committee that the Information Commissioner ruled that they had to be
“What the figures show is that there is an overwhelming majority against the
airport expansion – well over three to one against. No wonder the Council wanted
to keep them quiet. It demonstrates that Southend and Rochford Councils are more
interested in supporting big business than protecting local residents’ quality
People need to remember that even though they may already have registered their
opposition, they have to do it again by submitting an objection to the airport’s
planning application by 20th November. Details on how to do this are available
Notes to Editors:
SAEN was formed to campaign against the runway extension at Southend Airport.
The group is not opposed to the Airport itself, which has co-existed with the
residents of Southend for many years. SAEN is against the runway extension, which
would lead to a massive increase in flights and destroy the lives of the people
living, working or going to school anywhere near the flightpath.
on the Joint Area Action Plan. SAEN submitted a complaint to the Information Commissioner’s Office in June after Rochford Council failed to provide information we requested under the Freedom of Information Act. It is as a result of this complaint that
Rochford Council has today been forced to publish the number of objections they
The figures are now available on Rochford Council’s website at:
As noted in the preamble of that document, the numerical breakdown we now have
isn’t the whole picture. It is the content of people’s objections that counts,
but Rochford Council are still withholding this information in the case of submissions
made on paper. Another document is due to be published by the Council at a later
date providing a proper analysis of the results, but given the overwhelming opposition
to the airport’s expansion, it’s obvious that they are very reluctant to publish.
BBC London News ran the story on 5th at 6:30pm, BBC1 London. Two SAEN members were interviewed and Alistair Welch, the managing director of Southend airport went
on air to do his usual “Jobs, jobs, jobs” routine.