[2023] UKUT 214 (LC)

In order to assess whether any loss in value has arisen as a result of “physical factors caused by the use of the public works” it is necessary to identify what new physical factors were affecting the property at the valuation date. In his letter of claim, dated 6 September 2021, the claimant stated that his house now suffered from all night lighting of the rear of the house and the rear garden, from the street lamp on the raised road. This meant that he and his wife could no longer sleep with windows and curtains open, and it had also affected the growth of plants in the garden. In the two years since construction had started, daytime noise had been caused from as early as 5.45 am by construction vehicles, equipment and staff passing the house on the spur road. Once the road was open to all residents of Stour View in the future, noise would be created at all hours of day and night by residents using the road in vehicles and on foot. When there was an easterly wind, fumes and exhaust emissions from vehicles passing the property at a raised level had been experienced in the rear garden. The claimant was also concerned that in future the open area outside his garden fence, which is lower than the road, would be used by groups of children and teenagers to gather for smoking and drinking, creating a different sort of noisy environment.

At the time of my inspection, in the late morning on a Wednesday, there were very few vehicle movements into and out of Pioneer Way over the spur road, but I was able to understand the proximity of the road to the property, and the way in which it is raised above the level of the garden. I noted the position of the closest street lamp, and of the acoustic fencing. My enquiries regarding the type of lighting, the lighting hours and the date that the fence was provided were answered subsequently by the council, as set out in the background section.

It was clear to me that lighting from the street lamps on Pioneer Way was potentially the most intrusive physical factor likely to affect the value of the property. Undoubtedly, at the valuation date when they were lit all night that was particularly intrusive. Now that the lighting hours have been reduced to those of a normal residential street, that factor is much diminished, but I received no submissions or evidence that this would have been an expectation at the valuation date.

No evidence was provided to quantify the levels and extent of noise and pollution caused by construction traffic entering and leaving the site at the valuation date. However, the provision of acoustic fencing in late 2021 is evidence that the potential impact of noise from the spur road was taken seriously. Again, I received no evidence that a prospective purchaser at the valuation date could have expected this mitigation measure to be put in place.