Part 1 Claims for Luton Dunstable Busway
Part 1 claims forms part of the Land Compensation Act 1973. Compensation can be
claimed by people who own or occupy property that has been reduced in value by
the physical factors caused by the use of a new or altered scheme (in this instance
the busway).
The physical factors comprise any one of the following:
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Noise
Vibration
Smell
Fumes
Smoke
Artificial lighting
The discharge on to the property of any solid or liquid substance.
The cause of the physical factors must be in relation to the operation of the busway.
For example, the noise and other adverse effects must arise from the traffic using
the busway only. Compensation is not payable where part of the affected property
has been compulsorily acquired for the construction of the busway. This is because
the effect of the use of the busway on the value of the rest of the property will have
been taken into account in calculating the compensation for the part of the land
taken.
Loss of view or privacy, or personal inconvenience experienced during the busway
construction, are not eligible grounds for compensation under a Part 1 claim.
Residential property
To claim, you must either have been the owner of the property or a qualifying tenant
before the date the busway first came into public use (known as ‘the relevant date’),
and you must also still be the owner on the date you claim.
When can I claim?
The first day for claiming compensation is a year and a day after the busway first
opened for public use (known as the ‘first claim day’). The first claim day for the
busway is 26 September 2014.
How do I claim?
You can make a claim yourself or you can instruct a Chartered Surveyor to act on
your behalf.
Surveyor’s Costs
The Council being the authority in charge of the scheme will pay your reasonable
professional fees if any compensation is due, but only if your claim is successful.
How is compensation worked out?
The Council’s valuer (or representative) will assess the impact of the physical factors
arising from the use of the busway against the value of your property on the first
claim day.
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The compensation will be assessed based on the amount of traffic using the busway
and account taken of any future increase in traffic that could reasonably be predicted
at the first claim day. In some instances, the value of a property can be increased
because of the busway and these benefits may give rise to a reduction in any
compensation due.
The Limitation Act 1980
A person whose property has been reduced in value by the physical factors caused
by the use of the busway must within six years of the first claim day:
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either agree an offer of compensation or,
if agreement cannot be reached, ask the Upper Tribunal (Lands Chamber) to
decide the amount of compensation.
After the six-year statutory limitation period, you can no longer submit a claim
for compensation.
More detailed information has been published by the Valuation Office on Part 1
Claims1
1
http://www.voa.gov.uk/corporate/Publications/Manuals/LandCompensationManual/sect14/b-lc-man-s14pt1.html#P75_1157 – site visited 23/09/14
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LUTON DUNSTABLE BUSWAY
Claim for compensation under
Part 1 of the Land and Compensation Act 1973
This form should only be used in relation to making claims in respect of the
Luton Dunstable Busway. Please read the enclosed information before
completing this form.
Compensation can be claimed by people who own and also occupy property (subject
to complying with the qualifying criteria) that has been reduced in value by the
physical factors caused by the use of the busway.
Name of Claimant(s) and contact details:
Title
Forename
Surname
Postal address
Postcode
Contact number
Email address
The claim property (if different from the above):
Postal address
Postcode
The public works which give rise to the claim:
LUTON DUNSTABLE BUSWAY
The Relevant Date
25 September 2013
(i.e. first day of opening)
First Claim Date
Reason for Claim
(use extra sheet of paper if
space insufficient)
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26 September 2014
Detail of claimant(s)’ interest:
What is claimant(s)’ legal
interest in the property?
(i.e. freehold or tenant)
Details of occupation
(i.e. landlord or owner-occupier)
Use of land
(i.e. house or other use)
Manner of acquisition
(i.e. purchased or inherited)
Date acquired
Name and
mortgagee
address
of
(if applicable)
Mortgage account / roll
number
(if applicable)
Name and address of other
persons with an interest in
the land
Amount of compensation
claimed
Details of any contiguous
or adjacent land in respect
of which the claim is made
and which the claimant has
an interest
Claimant(s) signature
Date
……………………………….
………………………….
For office use only:
Date of receipt
Claim reference number
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