It would appear (and interested persons should seek legal advice on this) that the bypass authorities (Stockport, Greater Manchester and Cheshire East) “may be liable under Part 1 Land Compensation Act 1973 to pay compensation for depreciation in the value of an interest in land with is attributable to the use of public works… and no land has been taken from the claimant.”
“Compensation is limited to depreciation in the market value of the qualifying interest caused by the use of the land or works but only in so far as that the depreciation is attributable to ‘physical factors’, which are defined in s 1LCA 1973 as noise, vibration, smell, fumes, smoke, artificial lighting, and the discharge on to the land in respect of which the claim is made of any solid or liquid substance.”
“A claim may be made by the owner of a qualifying interest, or by a mortgagee of such interest. The claim must be in the form of a notice served on the responsible authority and must contain particulars prescribed by s3 LGA 1973. Time limit for claim.”
“The first claim day is the day twelve months after the relevant date. In accordance with the Limitation Act 1980 a claim notice may be served at any time within the first six years following the first claim day.”
