Advice to Adem Mehmet
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- From
- Adem Mehmet
- Date advice given
- 4 November 2016
- Enquiry type
I've seen various comment from those against the opening of the airport that Riveroak would have to pay a huge amount of compensation to those people who live directly under the flight path on the basis of a claim for blight.
Are you able to confirm whether firstly this is true, secondly how much the compensation might be and who determines the amount and lastly whether such payments have been made in the past to those living close to Heathrow and Gatwick.
Advice given
In regard to claims for compensation, this is a matter dealt with outside of the Planning Act 2008 (as amended) process. Matters of financial compensation do not fall to be considered during the scope of the examination which is limited to the consideration of whether the proposed compulsory acquisition meets the tests set out in the Planning Act 2008. Broadly such claims can be made by persons or organisations whose land or whose rights in land could be affected by the proposed development. Their land or rights may not be subject to compulsory acquisition powers sought in the application or indeed be within the land to which the application relates, but they may have a right to compensation under either part 1 of the Land Compensation Act 1973 or s10 of the Compulsory Purchase Act 1965 if their land or interest is affected by the development. The issue of compensation could arise in the event that development consent is granted, and the applicant implements the Development Consent Order. As these matters are governed by the relevant compulsory purchase legislation (see above), the claim and any associated amount of compensation may be something for the Upper Tribunal (Lands Chamber) to consider. However, the adequacy of funding to meet any likely future compensation liabilities arising from the implementation of the DCO, and any mechanisms proposed by the applicant to secure the funding, are issues which would be considered by the Examining Authority as part of the examination.
I am not familiar with the circumstances at Heathrow and Gatwick and so am unable to comment further.