Q&A - As if COVID is not bad enough a new construction site is upsetting my livestock can I claim compensation?

Q:    A new access road has been built to service a housing development being constructed adjacent to livery stables I have owned and run for 37 years. Heavy machinery and site traffic are going in and out all day and the noise is causing distress to the horses. COVID is already affecting my business and now I’m concerned that I could also lose clients who feel the standard of care I offer is compromised.

I could move the stables and yard further away to reduce the impact of the noise, but the cost would be substantial. Do I have a case for claiming compensation from the developer, and/or the local authority?

A:    This is a complex issue but yes, you probably do have a valid case for compensation that would at least enable you to relocate the livery accommodation to another part of your land. Liability could lie with both the developer and the local authority, depending on the full details of the situation.

Firstly, you are entitled to claim compensation when a road adversely affects the value of your property by more than £50, as a result of specific types of pollution or disturbance from the use of a new or altered road. This includes noise pollution. You must have owned the property prior to the new road being constructed. You must also own the freehold or have at least three years left to run on the lease at the time of your claim if the property is leasehold. With slight variations, entitlement to compensation applies to owners of agricultural land, business premises and private homes.

As well as needing to relocate the stabling it is likely that you will suffer disruption to your business, and even some potential loss of business. Therefore, you should seek advice as soon as possible from a local solicitor who specialises in compensation claims.

Article 02/11/2020

This question has been answered by James Denton, a Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter it is still possible and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients.  In accordance with government guidelines, most of our lawyers are currently working remotely which means you may not now receive a response as promptly as you may expect. Please kindly bear with us and we will respond as soon as we are able.

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