Part 1 of the Land Compensation (Scotland) Act, 1973 however provides for the payment of compensation due to certain physical factors for the use of public works in such situations. These provisions do not apply to the construction phase.

There are detailed provisions regarding those who are entitled to compensation. The provisions only apply to dwelling houses, agricultural properties or other subjects, the rateable value of which does not exceed £21,500.

The basis of the claim is the reduction in value of the interest at the date when the works are first commissioned.

The physical factors which will give rise to a claim are:-

• Noise
• Vibration
• Smell
• Fumes
• Smoke
• Artificial lighting
• Discharge of any solid or liquid substance

It is important to remember that any loss arising from loss of view etc is not compensatable (it is if land is taken).

Compensation will be due for noise, vibration, smell and artificial lighting for houses along the route of the proposed bypass. This is likely to be substantial given the extent to which properties in Aberdeenshire will be affected.

The basis of compensation is the diminution in the value of the property. It is supposed to put the claimant in the same position as they would have been in without the works. This is commonly based on a valuation before the works and then after the works have been opened.

No claim can be made until 12 months after the road is first opened for traffic (if within a year of the road opening to traffic a property is put up for sale, special arrangements apply). The claim must be lodged within 5 years of the road opening.

Strutt & Parker has wide experience of road compensation claims and would be pleased to hear from you if you think you may be entitled to make a claim. In the first instance, you should write to us or telephone for a free consultation.

For further details, please contact our Banchory office:

Ian Thornton-Kemsley
Telephone: 01330 826813
Ian.thornton.kemsley@struttandparker.com

Larry Irwin
Telephone: 01330 826828
Larry.irwin@struttandparker.com

Lorna Stewart
Telephone: 01330 826828
lorna.stewart@struttandparker.com