Lands Tribunal rules that residents near Farnborough can claim if their homes have been devalued by more flights
The Lands Tribunal has ruled that residents impacted by operations at Farnborough Airport, whose homes have been devalued by flights, can claim against the airport operators TAG. Law firm Hugh James is already dealing with 200 claimants and estimates that compensation could run into the millions. The ruling concerns claims for compensation under Part 1 of the Land Compensation Act 1973, which provides a right to compensation where property value has been depreciated by increases in noise and other physical factors caused by the use of certain works including airports. The deputy president of the Lands Tribunal ruled that claims can proceed for any depreciation in property values caused by the addition of the airport’s West One Apron, completed in May 2010. This Apron was considered to be a substantial alteration built with the purpose of providing facilities for a greater number of aircraft. A partner at Hugh James said: “It’s yet to be determined whether any depreciation has been caused to property values and if so by how much, but it will now be the subject of ongoing proceedings.” Any claims for compensation arising out of the decision will need to be brought prior to the expiry of the statutory limitation period in May 2017. Other claims for work done at the airport in 2002 cannot be made, as these are now out of time.
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“You can sue Farnborough Airport”, homeowners affected by flights told
23 October 2015
BY NATALIE GARLAND (Get Hampshire)
Farnborough Airport owners TAG may have to pay out millions of pounds to residents affected by airport operations following a tribunal decision.
Last week, the Lands Tribunal ruled that residents impacted by operations at Farnborough Airport, whose homes have been devalued by flights, can claim against operators TAG.
Law firm Hugh James is already dealing with 200 claimants and estimates that compensation could run into the millions.
The ruling concerns claims for compensation under Part 1 of the Land Compensation Act 1973, which provides a right to compensation where property value has been depreciated by increases in noise and other physical factors caused by the use of certain works including airports.
Martin Rodger QC, deputy president of the Lands Tribunal, ruled that claims can proceed in any depreciation in property values caused by the addition of the airport’s West One Apron, completed in May 2010.
The West One Apron provided an additional 12,800sqm of apron space for aircraft parking and operations at the airport and increased the area of the old West One Apron from 19,800sqm to 32,600sqm.
The tribunal was satisfied that this was a substantial alteration built with the purpose of providing facilities for a greater number of aircraft.
Neil Stockdale, partner and head of environment at Hugh James, said: “This is a real step forward for the claimants as they seek redress.
“It’s yet to be determined whether any depreciation has been caused to property values and if so by how much, but it will now be the subject of ongoing proceedings.
“However, any claims for compensation arising out of the decision will need to be brought prior to the expiry of the statutory limitation period in May 2017.”
Some claims relating to earlier works at the airport – to extend the runway and construct new aprons that were completed in 2002 – were rejected by the tribunal on the basis they had been brought out of time.
One claimant, Glenn Morrison, from Mytchett, said: “I think the impact on everybody is personal.
“That’s one of the things that makes it difficult to quantify.
“It’s the noise and the invasion of privacy at weekends and bank holidays that is really unfair.
“I have lived in and around Mytchett for 14 years and the RAF were good neighbours, but TAG are just in it for profit.
“Seeing our properties depreciate in value over time has been indescribable, therefore the ruling concerning more recent works is very encouraging as we seek redress from TAG Farnborough Airport.
“For the first time the airport’s expansion has been recognised locally, and that’s fantastic as it’s only going to get worse for the residents.”
A spokesperson for TAG said: “TAG Farnborough Airport and its legal team note the judgment made by the Lands Chamber (Upper Tribunal) on October 15 2015 and are assessing this.
“As it is an ongoing legal matter subject to the court process, we have no further comment to make at this time.”
http://www.gethampshire.co.uk/news/local-news/you-can-sue-farnborough-airport-10313780
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STATEMENT FROM HUGH JAMES:
LAW FIRM REPRESENTING 200 CLAIMANTS RESPONDS TO THE LANDS TRIBUNAL’S DECISION ON PRELIMINARY ISSUES RELATING TO TAG FARNBOROUGH AIRPORT
19 October 2015:
The Lands Tribunal last week published an important decision affecting local residents impacted by operations at FarnboroughAirport. The decision, in respect of a number of test cases, paves the way for claims for compensation against the airport’s operators TAG Farnborough Airport Limited that could run into the millions.
The ruling concerns claims for compensation under Part 1 of the Land Compensation Act 1973 which provides a right to compensation where property value has been depreciated by increases in noise and other physical factors caused by the use of certain works including airports.
Representing more than 200 claimants seeking compensation, Neil Stockdale, Partner and Head of Environment at law firm Hugh James, commented: “In the decision Martin Rodger QC, Deputy President of the Lands Tribunal, has ruled that claims can proceed in respect of any depreciation in property values caused by the addition of the airport’s West One Apron completed in May 2010. This is a real step forward for the claimants as they seek redress.”
The West One Apron provided an additional 12,800m2 of apron space for aircraft parking and operations at the airport and increased the area of the old West One Apron from 19,800m2 to 32,600m2. The Tribunal was satisfied that this was a substantial alteration built with the purpose of providing facilities for a greater number of aircraft. The Tribunal also accepted evidence that a study commissioned by the airport’s operators indicated that the effect of adding the new West One Apron was to increase theoretical annual capacity of the airport by tens of thousands of movements. ”
Neil explained: “It’s yet to be determined whether any depreciation has been caused to property values and if so by how much, but it will now be the subject of ongoing proceedings. However, any claims for compensation arising out of the decision will need to be brought prior to the expiry of the statutory limitation period in May 2017.”
The test cases were not, however, entirely successful as the Tribunal rejected over 200 claims for compensation relating to earlier works at the airport to extend the runway and construct new aprons that were completed in 2002. The Tribunal dismissed those claims on the basis that they had been brought out of time.
The claimants had argued that they had brought their claims relating to the 2002 works in time on the grounds that they relied upon a statutory statement issued by the airport giving details of the relevant dates for claims. However, the Deputy President concluded that the claimants were not entitled to place reliance upon that statement. The Tribunal also dismissed the claimants’ argument that these earlier works should be treated as part of a single scheme together with the later works completed in 2010.
The Deputy President also found that the earlier claims could not proceed due to provisions in the Land Compensation Act that provide immunity for government departments. The Deputy President found that the Ministry of Defence was still in occupation of the airport when the 2002 works at the airport came into use and therefore immunity was conferred in relation to the claims. This finding was reached despite the Deputy President acknowledging that it was not the intended purpose of the legislation to provide protection to private companies such a TAG Farnborough Airport Limited that would otherwise have been responsible to meet any successful claims.
In response, Neil added: “The claimants are considering whether to appeal the adverse findings in the test cases and have until 13 November to lodge an appeal.”
Reacting to the judgement, Glenn Morrison from Mytchett, said: “Whilst we are naturally disappointed with the conclusion concerning the earlier phase of works, we very much welcome the ruling that claims can proceed relating to the addition of the airport’s West One Apron which was completed in May 2010. Seeing our properties depreciate in value over time has been indescribable – therefore the ruling concerning more recent works is very encouraging as we seek redress from TAG Farnborough Airport.”
Residents who believe that they may have been affected can call the Environment team at Hugh James for advice on 0808 115 8071.
ENDS
Hugh James
Based in Cardiff and London, Hugh James is the largest Welsh law firm and its specialist team of leading environmental solicitors has a long and impressive track record of successfully conducting environmental nuisance claims for whole communities affected by various forms of nuisance.
Over the years, Hugh James has built up a team of environmental law experts and has had unrivalled success in applying the law to protect the environment. The team has particular expertise in environmental nuisance claims caused by landfill sites, sewage treatment works and factories. They are also specialist solicitors in claims pursued under the Land Compensation Act relating to new or altered highways, airports and other public work. This includes judicial reviews of government and local authority decisions.
In addition, the team is made up of specialists dealing with health impacts of environmental hazards, such as illness or injury caused by exposure to pollution, high magnetic fields or food contamination.
A Top 100 firm, employing a team of around 550 people, including 44 partners, the firm has been consistently ranked for many years in the top tiers in both Chambers UK Guide and the Legal 500 for personal injury and clinical negligence claims.
For further information visit www.hughjames.com
Earlier:
Airport ‘listens to neighbours’ concerns’ in redesign of flight paths
3 JULY 2015 (Get Hampshire)
BY JOSHUA SMITH
Farnborough Airport report says there will be fewer aircraft flying over Fleet and Church Crookham, but other villages to the west of the airport will experience and increase
Residents of Fleet and Church Crookham will no longer experience low flying planes entering and leaving Farnborough Airport, if proposals to change the way air traffic is controlled in the area are pushed through.
As part of ongoing planning developments with Rushmoor Borough Council, TAG Farnborough Airport has published results of a consultation with neighbouring residents on proposals to change the way airspace in the area is controlled.
Under these proposals, planes would be required to take off towards the south west, meaning those living to the west and north west of Farnborough would not be over-flown by departures from the airport .
However, some villages will experience an increase in over-flying aircraft as a result, but the airport claims this will not be a problem for residents.
Currently, the airspace is classed as uncontrolled, meaning aircraft passing through are not required to make contact with Farnborough air traffic control towers.
If proposals to make the airspace controlled are accepted, planes will be required to ascend much more quickly, meaning less noise pollution for residents and the report estimates 345,000 fewer people will be over-flown by planes below 4,000ft as a result.
It is hoped this will help the airport reduce its environmental impact, increase safety and improve efficiency of the airspace.
Speaking to the News and Mail, CEO of TAG Farnborough Airport Brandon O’Reilly said: “This started in 2012 when we sent in our design which then went out to public consultation and out of that we had 13,000 responses.
“There were a number of responses which were concerned and particular notice has been taken of each feedback, as a result of which we redesigned our proposal taking all of this into account.”
The consultation period took place between February 3 and May 12 last year, when 2,500 interested parties registered concerns, but Mr O’Reilly believes they have now addressed issues raised in the new proposals.
He added: “The three main points are that these plans are more environmental – less people will be overflown as Fleet and Church Crookham will no longer be overflown, with no aircraft taking off to the west.”
“As a result of more direct flight paths, traffic will be managed and less CO2 will be omitted which will make it a more efficient use of airspace and lastly safety. Controlled airspace requires pilots entering our airspace talking to Farnborough control towers making it much easier for us to manage.
“This will give us more consistent and more predictable airspace because pilots don’t always get in touch with our people in the control tower but they will have to if it’s controlled.”
However, Mr O’Reilly did confirm other villages in the area would have more low-flying air traffic as a result, but insisted residents would not find this problematic.
He said: “We targeted built up areas to the west in the redesign, which we hope will please residents of those areas. Other villages will be overflown but planes will climb more quickly so this will be at a much higher level.
“Now, the Civil Aviation Authority will go and they will then decide if the airspace changing is warranted.”
Mr O’Reilly said this process could take up to 16 weeks, and can be extended if further deliberation is needed.
http://www.gethampshire.co.uk/news/local-news/airport-listens-neighbours-concerns-redesign-9581557