Tuesday 27th June 2017
Welcome to Luton.gov.uk
A-Z of services
Text size
A A A

Part 1 compensation claims for Luton Dunstable Busway

Sub heading

Busway

How to make a claim for compensation under part 1 of the Land Compensation Act 1973. A claim form is available to download below.

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:
  • 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 or qualifying tenant 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 was 26 September 2014.

How do I claim?

You can either make a claim yourself or 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?

Our 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.

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 may be increased because of the busway and such a benefit could 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:
  • 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.
 

 Downloads

 
 

 Contact information

 
Major projects team
Luton Borough Council, Planning and transportation, 4th Floor, Town Hall, Luton, LU1 2BQ
Tel: 01582 547307
 

 Related links

 
Contact us