Southend Airport to pay out £86k due to runway extension noise, under the Land Compensation Act
A court has ordered that Southend Airport should pay a total of £86,500 in compensation to owners of 9 neighbouring homes who say their values were diminished by noise, following the extension of the runway in 2012. In its ruling, the Upper Tribunal’s Lands Chamber ordered that payments ranging from £4,000 to £17,000 be made in respect of the 9 homes, while a claim for a 10th property was dismissed. The claims for compensation are under the Land Compensation Act 1973. There is more noise, as larger planes land and take off from the airport. The longer runway enabling the airport to “attract low-cost commercial airlines operating much larger aircraft than had previously flown from it”. The Tribunal agreed that the extra noise had meant depreciation in the value of most of the lead properties. In 2013, the value of the lead properties ranged from £150,000 to £280,000, and the claimants sought compensation of between £32,200 and £60,100. The Land Compensation Act says it applies to cases where there have been alterations to runways or aprons. ie. something physical has been built (not buildings). Back in June 2013, over 1,000 claims were made against the airport’s noise.
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London Southend Airport to pay out £86k over runway extension noise
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An airport has been ordered to pay compensation to the owners of neighbouring homes over noise caused by a runway extension.
Dozens of homeowners near London Southend Airport claimed the property values were diminished following the extension which opened in 2012.
The claims were denied by the airport.
But nine were upheld by the Upper Tribunal’s Lands Chamber, which ordered the airport should pay out a total of £86,500.
The court in London considered 10 exemplar cases after 190 current and former owners of houses near the airport made claims under the Land Compensation Act 1973.
Claimants said the value of their homes had been reduced by “physical factors caused by the use of the runway extension, and in particular by the increased noise they experience from the larger aircraft which now take off and land”.
‘A noisy environment got noisier’
The airport denied that the value of any of the lead properties had been “diminished by relevant physical factors resulting from the use of the runway extension and it values each of the claims at nil”.
In its ruling, the tribunal said daytime noise data showed between 2011 and 2014 “what was already quite a noisy environment got noisier”.
It said: “We are satisfied from the evidence of fact, the expert noise evidence and our site inspection that the use of the runway extension has caused depreciation in the value of most of the lead properties due to noise.”
The tribunal ordered payments ranging from £4,000 to £17,000 to be made in respect of nine homes, and a claim for a 10th property was dismissed.
A spokesman for the airport said: “London Southend Airport respects the decision of the independent judicial tribunal.
“The airport takes its role in the community extremely seriously and will continue to engage with residents so that we can all enjoy a sustainable future founded on responsible airport operations and creating long-term job opportunities.”
Airport development & expansion claims
Part 1 of the Land Compensation Act 1973 provides that compensation can be claimed by residents who own and also occupy property, near an airport, that has been reduced in value by physical factors such as noise, vibration, smell, fumes, smoke and artificial lighting caused by certain airport developments and expansions.
Claims are made against the company managing the works, usually the airport operator, known as the ‘Responsible Authority’.
https://www.hughjames.com/service/environmental-compensation/runway-development-and-expansion
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The Land Compensation Act 1973
https://www.legislation.gov.uk/ukpga/1973/26/part/I
The change in conditions could be a change in the physical infrastructure (eg. longer runway).
The Act says:
” 3) Subsection (2) above shall not by virtue of any alterations to an aerodrome apply to a claim in respect of physical factors caused by aircraft unless the alterations are runway or apron alterations.”
Southend Airport ordered to pay compensation to home owners over noise
A court ordered a total of £86,000 to be paid to nine households
By Sam Russell (Independent)
31.3.2021
A court has ordered that London Southend Airport should pay a total of £86,500 in compensation to owners of nine neighbouring homes who say their values were diminished by noise following a runway extension.
In its ruling, the Upper Tribunal’s Lands Chamber ordered that payments ranging from £4,000 to £17,000 be made in respect of the nine homes, while a claim for a 10th property was dismissed.
The court considered 10 exemplar cases after 190 current and former owners of houses in the vicinity of the airport referred claims for compensation under the Land Compensation Act 1973.
The claimants asserted that the value of their homes has been depreciated by “physical factors caused by the use of the runway extension, and in particular by the increased noise they experience from the larger aircraft which now take off and land at the airport“.
An extension to the existing runway was opened in 2012, enabling the airport to “attract low-cost commercial airlines operating much larger aircraft than had previously flown from it”.
The tribunal, led by deputy chamber president Martin Rodger QC and chartered surveyor Andrew Trott, said: “The general impression created by the daytime noise data is that between 2011 and 2014 what was already quite a noisy environment got noisier.”
They added: “We are satisfied from the evidence of fact, the expert noise evidence and our site inspection that the use of the runway extension has caused depreciation in the value of most of the lead properties due to noise.”
In 2013, the value of the lead properties ranged from £150,000 to £280,000, and the claimants sought compensation of between £32,200 and £60,100.
The airport denied that the value of any of the lead properties has been “diminished by relevant physical factors resulting from the use of the runway extension and it values each of the claims at nil”.
A spokesman for the airport said: “London Southend Airport respects the decision of the independent judicial tribunal.
“The airport takes its role in the community extremely seriously and will continue to engage with residents so that we can all enjoy a sustainable future founded on responsible airport operations and creating long-term job opportunities.”
Press Association
https://www.independent.co.uk/news/uk/home-news/airport-pay-compensation-noise-b1825071.html
See earlier:
Tory councillors want an end to Southend night flights, largely bringing in Amazon packages
Conservative councillors have criticised Southend Airport’s night flights, pledging to “explore every avenue possible” to have them removed. They have made it clear they back “further controlled expansion” but want night flights removed. Some residents say they are being forced to take sleeping tablets because of the sleep disruption caused by night flights. The Conservative councillors said: “We will continue to explore every avenue possible to have the night flight quota removed from the Airport’s Section 106 Licence Agreement.” Other councillors worry there will be a loss of jobs, and they dare not risk losing them, with so many jobs being lost due to Covid. There are residential roads very close to the airport boundary, with houses must too near the runway. The airport is permitted on average 4 flights per night, but sometimes has fewer. The airport has cargo flights, bringing in Amazon goods. There are generally 3 pear night between 1am and 5.30am, though there had been an earlier agreement not to have flights between midnight and 6am. This agreement has been abandoned.
Click here to view full story…
Grandmother complains after Southend airport expansion means 50 planes a day taxi at end of her garden
More planes using Southend airport have been causing noise nuisance and distress to local residents. A grandmother has complained as planes now taxi at the end of her garden, and there are 50 jets a day coming within 150ft of her fence. She says the planes going past, sometimes as often as every 20 minutes, with the noise and fumes, have left her and her husband miserable. “You can’t have a conversation in the garden with anyone because you can’t hear them. When we are inside with the door closed we have to pause the TV until the plane has gone past. We worry about our grandchildren coming around and the enjoyment of having people over for BBQs is ruined. I love my garden and used to do a lot of gardening but now it is all spoilt with the noise and the smell.” She has complained to the airport numerous times and is concerned the problem could worsen this summer when runways are expected to get busier. It is very unsatisfactory when residential housing is as close to the taxiways as it is at Southend, and the quality of life of the residents is greatly reduced.
Click here to view full story…
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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.
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.
Claims could only be made after 9th March 2013, for 6 years. So the end of the claim period was March 2019.
https://www.airportwatch.org.uk/2013/06/huge-opposition-to-southend-airport-expansion-revealed/
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